The Minister of Finance, María Jesús Montero, clarified this morning that those who have taken paternity leave since 2014 may also claim the return of what they paid for income tax during their weeks of leave. Thus, the refund prepared by the Treasury following a ruling of the Supreme Court not only covers maternity leave, but also that of both parents. Asked about when her department will start to return the money, the minister has limited to point out in the corridors of the Congress of Deputies that it is working on it as soon as possible, but has not specified when you can start claiming what was charged improperly.
Last October 5, the Supreme Court ditch a legal debate that had been on the table for years about whether maternity benefits should be paid, as it happened until now, or not. While the Treasury argued that the aid should be taxed by the IRPF, some courts had ruled against. The high court clarified the situation and established that the benefits were exempt from payment. But the legal text referred to maternity benefits, which had left the question of whether the Treasury would also include paternity or would stick exactly to the words of the regulation, which only referred to maternity.
In any case, the retention to be returned by IRPF in paternity leave is much lower than that of maternity leave, since those permits were only two weeks until 2017, when they became four weeks, and already in the summer 2018, five weeks.
Why can you only ask for the taxes paid since 2014? In the Tax Agency you can make revisions of the income statements of the last four years, which are considered alive. This opened the door to a millionaire cost for the public coffers. The calculation is that the claims may cost around 1,200 million euros to the State. In addition, the Treasury will lose about 250 million per year for the IRPF settlements for this concept that will no longer be made. On the other hand, some law firms do not rule out that you can go to court to claim the return of the years prior to 2014.
Hundreds of taxpayers have been waiting since October to know how and when they can make their claim. Days after the sentence of the Supreme Court, lto the Tax Agency website published a few minutes by mistake a form for taxpayers could request and return the retentions practice in the IRPF for maternal leave. The publication of the digital form was inadvertently, according to official sources, who assured that this agency finalized the mechanism to return the taxes collected from more than about one million taxpayers "in an agile and fast manner". They wanted to avoid that the offices of the Agency collapse with a flood of claims and contemplate a telematic way to request the return. But the system has not been finished yet.