Accrual and tax period
Regulations: Articles 12 and 13 Law IRPF
As a general rule, the tax period is the calendar year, with IRPF being accrued on December 31 of each year.
Consequently, the personal income tax return for the 2021 financial year must include all the facts and circumstances with fiscal significance for the purposes of said tax that are attributable to said calendar year.
The tax period is less than a calendar year only when the taxpayer's death occurs on a day other than December 31 , at which point the tax period ends and the tax becomes due at that time.
No other event other than the death of the taxpayer (marriage, divorce, marital separation, etc.) will give rise to tax periods shorter than a calendar year. Therefore, for the same taxpayer there cannot be more than one tax period within the same calendar year.
Only in declarations corresponding to tax periods shorter than a calendar year, the “ACCURRENCY” section, located on page 2 of the declaration model, must be completed.
Important : In the event of the death of a taxpayer who is part of a family unit, the remaining members may opt for joint taxation, but without including the deceased's income in said declaration.
Example :
Marriage formed by spouses "A" and "B" with whom their minor son "C" lives. In the month of June, spouse "A" dies.
Determine the tax period and tax forms of the members of the family unit.
Solution:
Family members may choose to pay taxes in the following ways:
Individual taxation.
- Individual declaration of spouse "A" with a tax period less than a calendar year.
- Individual declaration of spouse "B" with a tax period equal to the calendar year.
- Individual declaration of child "C" with a tax period equal to the calendar year.
Individual and joint taxation.
- Individual declaration of spouse "A" with a tax period less than a calendar year.
- Joint declaration of the remaining members of the family unit ("B" and "C") for the entire year.