CCOO demands that the Tax Agency rectify the new formula it has established so that retirees who once contributed to the old labor mutual societies recover the overpaid personal income tax.
The union, through a statement, has assured that the new system does nothing more than delay returns in the future to dilute its economic impact on the Administration.
However, this postponement, they point out, has harmful consequences, it is worth highlighting the advanced age of those affected, and it is also discriminatory, since some retirees have already received the money and others, for no reason, will have to wait up to four years to get it in full.
The Tax Agency, after recognizing the return of personal income tax to mutual retirees following several rulings by the Supreme Court since February 2023, established two ways to pay these affected people. On the one hand, it enabled a form on its website for pensioners to claim the last four non-prescribed years (from 2019 to 2022) and on the other, starting with the 2023 Income, which was prepared last spring, it would return each declaration the corresponding amount.
However, the legislator introduced an amendment to the law on the new 15% minimum tax for multinationals (which has nothing to do with the matter) to eliminate the method followed so far to claim the periods from 2019 to 2022. That is, deleted the form and voided all applications that had not yet been returned.
This means that those pensioners who have not yet been paid by the Treasury for these years must request them again, but now in a more complicated way and, furthermore, year by year. This 2025, along with the Income Tax return, the 2019 refund can be requested; in 2026, that of 2020; in 2027, that of 2021 and, finally, in 2028, the return of the 2022 personal income tax.
This allows the Treasury not to return the four years at once, but rather to dilute them over time.
CCOO criticizes that the Administration has made this decision “arbitrarily” without any participation or consultation, unlike when it released the web forms that did hold meetings with the unions.
“This decision generates legal uncertainty, applies retroactively an unfavorable tax rule, in addition to generating comparative grievances among the affected pensioners. All have followed the procedure pre-established by the AEAT, but while some people have already received or are going to receive the entire amount requested, others are required to start the process again and receive the possible refund in installments over 4 years,” CCOO denounces.
For this reason, they demand that the Ministry of Finance seek formulas that allow this situation to be corrected in the shortest possible time, to avoid the harmful consequences that may arise from this change in the procedure as well as the unjustified difference in treatment between people who share the same situation.
The Supreme Court has determined in several rulings that the part of the pension that corresponds to contributions to former mutual societies between 1967 and 1978 is exempt from tax by 25%, while the part that corresponds to contributions prior to 1967 is 100% exempt. %.
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