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Income tax refund for maternity leave in Málaga

Claims for personal income tax returns withheld due to maternity leave

Following the recent ruling of the Supreme Court which has declared maternity benefits exempt, more than 1,000 million euros must be returned by the Tax Agency to all affected taxpayers who included the aforementioned benefit in their income tax returns during the fiscal years 2014, 2015, 2016 and 2017.

Contesting of tax returns and requesting their rectification for the fiscal years involved can be done by sending a letter requesting such modification be based on the ruling issued by the Court.

The Supreme Court considers that maternity benefits should not be taxed by personal income tax, so that more than one million families may now claim the return of personal income tax within the established time limits. This ruling opens the door to paternity benefits to be likewise declared exempt from taxation, although it does not mention it.

What is my deadline to claim?

Requests for rectification must be formalized for periods of less than 4 years from the end of the deadline on which the corresponding return is submitted. For those taxpayers who received the maternity benefit in 2014, the maximum period to submit the claim will be until June 30, 2019, that is, the date on which 4 years will have elapsed since the submittal of the return corresponding to the aforementioned fiscal year.

How can Muñoz Zurita help you?

If you are one of the many taxpayers who included the maternity benefit in any of the income tax returns corresponding to any of the 2014, 2015, 2016 or 2017 fiscal years, Muñoz Zurita will help you with all the paperwork required to submit the claim to the Tax Agency.

According to OCU (National Consumers Association) calculations, each affected person will receive an amount that will range between 1,000 and 2,600 euros for each child born after 2013.

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