The Spanish Association of Tax Advisors (AEDAF) joins the multiple criticisms already leveled against the Tax Agency for “surprisingly” changing the method to return personal income tax to pensioners who contributed to former mutual societies and demand that the previous system be recovered for recover the money at once and not postponed in four years.
The association points out that the new Treasury change that extends the recovery of the personal income tax paid in excess for the retirement pension to 2029, instead of receiving it all at once as before, “constitutes a administrative malpractice that undervalues the rights of taxpayers, generates legal uncertainty and causes serious economic and emotional damage to thousands of affected people.
Specifically, the Treasury, after the Supreme Court declared the right of these pensioners who contributed to former mutual societies to recover part of the overpaid personal income taxlaunched last spring a simple online form for those affected to request a refund. They could claim at once the last four non-prescribed years, then from 2019 to 2022. Starting in 2023, it would be returned in each Income Tax return.
More than 1.7 billion euros in refunds are at stake according to the estimates of the Ministry of Finance itself.
However, the Executive, through the new law that creates a tax for multinationals, introduced an amendment to change the refund system. Specifically, starting with the next Income Tax, pensioners could request a refund year by year. That is, in the 2024 Income Tax that will be carried out this spring they could request the return for 2019; in 2025, in 2020; in 2026; that of 2021; and in 2027 (which will take place in the spring of 2028), that of 2022.
This decision will only affect those pensioners who have not yet received the refund, since many of these did receive it before the end of the year.
“We find no justification to the decision made, since at no time is the right of those affected to said returns discussed. The only intention is to split the amounts to be returned over several years, which implies that mutual members will not obtain full compensation until 2029,” says the AEDAF.
The association indicates that the measure unjustifiably delays the return of the amounts and aggravates the feeling of helplessness of citizens in the face of public power.
For this reason They request the Ministry of Finance to restore the previous procedure allowing mutualists to recover the amounts in one go. “Taxpayers deserve fair solutions, not temporary patches that aggravate their situation. We ask, in conclusion, that this decision be reversed and that the Administration act with the same speed with which it requires citizens to comply with their tax obligations,” they conclude. .
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