Mothers affected by an ERTE during the crisis derived from Covid will no longer have to return maternity deductions.

The Tax Agency had begun to send letters to working women

demanding the return of 1,200 euros per child

, alleging that in the cases of regulation file the deduction is not compatible.

But Treasury sources affirm that this situation will no longer occur, and that

it has already approved a retroactive measure

so that no mother who has been in ERTE as a result of Covid is affected.

The information, which has been advanced by Cadena Ser and the Ministry of María Jesús Montero, confirm that these claims were indeed taking place.

But in the Treasury

they blame the Government of Mariano Rajoy and a 2013 tax consultation

in which it is indicated that in order to collect the deduction it is necessary to "carry out an activity on your own or someone else's account", and it is understood that in the months in which the employment contract is suspended, there is no such activity.

Since then there has been no interpretative change, so the deduction for maternity was compatible in cases of ERTE in which a certain activity is maintained, such as a reduction in working hours.

But it was not, according to this Tax doctrine, when the ERTE implies that there is no activity.

The Treasury underlines that instructions have been given to ensure that no delegation submits any request in this regard, and

ensures that the situation will not occur again.

First, because it will promote a legal change to guarantee any mother who was in ERTE during COVID does not lose her right to the maternity deduction.

And second, and looking to the future, this problem no longer exists because it has already introduced a legal change in the 2023 Budget that extends the assumptions to access the maternity deduction.

According to the criteria of The Trust Project

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