TREASURY WILL RETURN THE IRPF OF THE MATERNITY BENEFIT ALSO TO MOTHERS WHO HAD BEEN DENIED

They were the pioneers in requesting the return of the withholding of the Personal Income Tax (IRPF). But his petition was prior to the Supreme Court ruling of October 3, 2018, which ruled that maternity benefits are exempt from personal income tax.

In November, the Government extended the exemption from the payment of the tax also to paternity leave and public employees, who receive the benefit through mutual labor.

Yesterday, María Jesús Montero, acting finance minister, advanced that The Tax Agency will return the IRPF of maternity and paternity benefits paid since 2014 to the 8,000 taxpayers who could not receive it, including those who claimed and were rejected.

8,000 beneficiaries

According to a statement from the Ministry of Finance, with this measure "The Government fulfills its commitment to correct a situation of injustice that affected a group of mothers who demanded the return of the withholdings of the IRPF for maternity before the Supreme Court ruling occurred."

The measure is based on the Royal Decree of December 29, 2018, which was effective since its entry into force, but also for previous years not prescribed.

"Since this extension of the beneficiaries is limited to the non-prescribed periods, it will affect cases of benefits received in the years 2014 and following, but also those previous years in which any resources filed by the taxpayers would have interrupted the prescription long enough such that the four years of prescription established in the General Tax Law had not yet been fulfilled. "

Hence, it is to be understood that those mothers and fathers who had resolutions and final sentences against them also have the right to receive the refund.

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Further, This resolution also applies to officials, who receive payment of their maternity and paternity benefits through Muface.

This was announced by the acting Minister of Finance, after meeting with the State Advocacy and the affected platform, ensuring that "No one would understand that precisely the mothers who first claimed that right were now out of the group of beneficiaries."

María Jesús Montero said that she has already given orders to the Tax Agency delegations so that in three or four months she will pay the 8,000 new affected, the 11 million euros that could be pending.

How to request the return of personal income tax

Beneficiaries must use the electronic return request form for the years 2014 to 2017, which the Tax Agency launched on December 3, 2018 and as explained by the Treasury, "Now it will allow them to request it."

For cases of previous years not prescribed, parents must submit an ordinary application, by electronic record or in any record of the Administration.

They must provide their name, surname and NIF, together with the year of receipt of the benefit and the IBAN number of a bank account of which they are the owner.

All those mothers and fathers for whom the right to return is now extended and who They have already submitted the application after the Supreme Court ruling, they will not need to resubmit it now, since that same request will be processed.
If this second request has been rejected, You must send a letter to the Tax Agency showing opposition to that resolution and the Administration will proceed to return it.

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The deadline to request the return of the personal income tax benefit from the 2014 maternity benefit period ends July 1, 2019, when the four years established by the legislation are fulfilled.

So far, thanks to a simple online form, the acting minister ensures that the Treasury has returned the IRPF paid to 734,000 mothers and fathers. This translates into a total of 960 million euros and an average of 2,000 euros for women and 480 euros for men.