The Treasury has an important message for mutualists. For some time now, the words “mutualists” and “mutuality” have continued to be heard in the media due to a relevant issue linked to Personal Income Tax (IRPF). The Tax Agency has announced a major correction which affects thousands of workers who contributed to the old mutual societies.
These mutualists could benefit from a reimbursement of between 3,000 and 4,000 eurosin response to an error in contributions applied by the Treasury, which had imposed a percentage of 100% instead of the 75% that corresponded some time ago. This the adjustment arises from a ruling of the Supreme Court (STS 707/2023) which specifically affects the quote for the period 2019-2022. During the last 2023 Income campaign, mutual members were able to request this reimbursement. As this period has not expired, the mutualists concerned can be compensated for the amounts over-invoiced, thus respecting judicial directives. However, reimbursement is not immediate and, in certain cases, mutualists will have to wait until the end of the year to receive their compensation.
The Treasury has an important message for mutualists
Once the tax return has been submitted, processing refunds generally takes time, and the mutualists affected by this Treasury decision are no exception. Although some retirees received their refunds shortly after filing their returns, The Treasury has up to six months to make these paymentswhich means that mutualists could receive the money until the end of December. In the event that reimbursement does not occur within this period, the Treasury would be obliged to pay a daily penalty to the beneficiaries concerned.
For those who wish to claim this refundThe Tax Agency has made a form available on its electronic headquarters. Thanks to this approach, mutualists can request reimbursement of excess amounts invoiced. However, not all mutualists are eligible: workers included in the Passive Classes scheme, the self-employed and those who have contributed to widows’ mutual societies or non-contributory pensions are excluded from this compensation.
The Supreme Court ruling and its impact on personal income tax
The Supreme Court’s ruling (STS 255/2023) clarified how tax reductions should be applied to retired mutual members who have contributed to the Mutuality of Banking Work. This ruling allows these retirees benefit from a 100% reduction on the amounts quoted until December 31, 1966 And of 25% for contributions paid between 1967 and 1978. This tax advantage will be applied proportionally to the active life dedicated to mutual insurance.
The judgment recognizes that retired mutual members who meet these conditions can request a reduction in their personal income tax return. The Tax Administration must apply this adjustment both in past declarations of the last four years, which have not yet expired, and in future declarations of retirees.. This change will allow mutualists to benefit from a reduction in their personal income tax, by adjusting the tax base of their pensions according to the duration of their contributions to mutual societies.
How to request a refund
Mutual members who meet the requirements can carry out the procedure from the electronic portal of the Tax Agency, where a specific option has been enabled for these cases. There they must fill out a form in which all relevant information is collected to assess the right to reimbursement. It is important to emphasize that this procedure is exclusive to mutualists whose contributions have been allocated during the periods indicated.
In addition, mutualists must pay attention to the documents required to facilitate control by the Tax Agency. This includes justify the time spent on mutual insurance and demonstrate that the contributions paid correspond to the periods indicated in the Supreme Court judgment. In this way, the Treasury ensures that the reimbursement process is fair and efficient for mutualists who actually meet the conditions required to benefit from this compensation.
Future implications for mutualists
Beyond the reimbursement of sums corresponding to previous years, this ruling opens the door to tax advantages in the future. THE Mutual members will be able to benefit from this reduction during the next personal income tax returns.which means continued savings for those who qualify. However, it is necessary for mutualists to review their declarations each year to verify that the Tax Administration is correctly applying this reduction to their tax base.
This change represents an important step forward for mutualists and offers a solution to a situation that was the cause of a dispute. At the same time, the ruling sets a precedent in the way the Treasury must manage mutual members’ contributions and could influence future tax decisions concerning other categories of workers, even if the reimbursement deadline has not yet expired. .
