Social Security has stopped deducting the income tax of maternity benefits under the ruling of the Supreme Court, known last Friday, which determined that public benefits for maternity Social Securitythey are exempt from this tax. In this way, the benefits recognized and in the payment phasewill see this measure applied to the October payroll,As reported by the Ministry of Labor in a note.
Since Monday, the National Institute of Social Security (INSS) has transferred precise instructions to its provincial offices tothe application of this sentence.In this way, the new recognized benefits will be paid without the aforementioned discount and, those already recognized and in the payment phase, will be paid in October without the withholding corresponding to the IRPF.
This measure also benefits the requests for the benefit that are made telematically through the portal 'Your Social Security'. For this, the processing of maternity processes have not been paralyzed and, until computer changes take effect to eliminate retention automatically within 15 days, has enabled a manual procedure to eliminate income tax.
Through this failure,the Supreme Court dismisses an appeal by the State Barwho argued that these benefits should not be exempt from IRPF and confirms a ruling of the Superior Court of Justice of Madrid, June 2017, which estimated the appeal of a woman and ordered the Treasury to return the amount entered in the IRPF of 2013 for the benefit of maternity received in that year.