The Ministry of Finance has expanded the application of a recent judgment of the Supreme Court that favored the retirees of the banking sectorallowing pensioners from other sectors to also benefit from important fiscal deductions in IRPF. This judicial ruling affects those who quoted labor mutualities before the final establishment of the current social security system in 1978.
The decision could benefit a wide number of retirees, especially those who worked in key industries such as mining and manufacturingsectors with great presence in various regions during the 1960s and 1970s. From various union groups they have confirmed a notable increase in consultations by pensioners interested in taking advantage of this fiscal benefit.
Until 1967, pensions were financed through contributions to labor mutuals, public law institutions regulated by the Ministry of Labor. These contributions taxed entirely in the Income Tax. However, between 1967 and 1978, mutualities began to function as social security managing entities and their contributions They became deductible expenses. During this transition period, they lived with the incipient social security system, which was consolidated in 1978 with the creation of the contribution model currently in force.
What is this decision?
The Supreme Court has determined that retirees of the banking sector that contributed to the mutuals between 1967 and 1978 They must pay only 75% of their pension, instead of 100%with the aim of avoiding a double imposition. This implies that those who have granted in their entirety in recent years can claim the return of 25% improperly paid in the last four fiscal exercises.
For those affected, This translates into a return that ranges between 3,000 and 4,000 eurosdepending on the particular case of each pensioner. This judicial precedent has led the Treasury to extend this benefit to other retirees that quoted in the same period and under the same conditions.
Problems in the return process
Despite the good news, Not everything is resulting simple for applicants. The Tax Agency has temporarily suspended the IRPF return process to hundreds of mutualists who had not yet received the money corresponding to their claims.
In March of last year, Treasury enabled a digital form with the aim of managing these returns quickly and efficiently. However, Recently he has decided to cancel the returns that were still pending resolutionwhich represents about 20% of the total applications.
In addition, a new procedure has been implemented that It will force pensioners to submit an application every year to recover the amount corresponding to a single fiscal year. This fractional system will be extended over the next four years, Until 2028which implies that beneficiaries will receive their returns progressively and not at once.
Claims and future of the process
Mutualists have the possibility of requesting the rectification of their IRPF self -assessments corresponding to The last four years not prescribed to reduce its tax base and recover the improper amounts. Depending on each particular situation, These returns can exceed 2,000 euros per fiscal year.
The high demand for claims led to the Treasury to collaborate closely with Social Security and other agencies in order to speed up the process. However, with the recent modification in the return system, The initial form and requests that have not been resolved before December 22, 2024 will also be canceled have been canceled without effect. However, the Tax Agency has assured that previous applications interrupt the prescription period, so pensioners may return to present them in the next rental campaigns.
In short, although the Supreme Court ruling opens the door to an important return for thousands of retirees, The process has become more complex and dilated over time. Those affected must remain attentive to the established deadlines and requirements to guarantee the recovery of their money.