A legal loophole has generated controversy among retirees and pensioners who overpaid their contributions to mutual societies between 1967 and 1978. Although they contributed 100% of personal income tax for their retirement, they should have done it only for 75%. This difference, which in some cases reaches 4,000 euros, has led many affected people to demand the return of those payments. In this context, the Supreme Court has ruled that the Treasury is obliged to make this refund. Those affected may claim 25% of the excess paid in their 2025 income tax return.
However, this claims process can be complicated, as many of the necessary documents, such as quote receiptsdate back several decades. Furthermore, the lack of digitalization at that time represents an added difficulty in bringing together all the required information. If you do not have the documents required Tax authoritiesaffected people could have their request denied, even if they have a legal right to a refund.
The mutualists who will not recover the money from the Treasury
In recent years, thousands of mutual pensioners They have been waiting for a response about the debt that the Treasury has with them, derived from a ruling by the Supreme Court. This ruling establishes that, between 1967 and 1978, the Treasury did not correctly apply the deductions in the contributions of workers who contributed to the Banking Labor Mutuality, which resulted in an excess payment in their personal income tax returns.
This error meant that workers paid more taxes than they were entitled to, generating a debt that in many cases reached 4,000 euros per person. Those affected by this situation are those who made contributions to said mutuality in the aforementioned period. However, due to the statute of limitations, they can only claim the last four years.
For start the claim processretirees must check if they meet the requirements and request rectification of their income tax returns. The deadline for filing claims is limited, so it is necessary to act quickly to avoid losing the opportunity to recover money. Although you can only claim the last four years, the amounts owed can be significant, reaching 4,000 euros in many cases.
Required documentation
Although the Treasury should facilitate the return, the process has become a bureaucratic nightmare for those affected. Although a channel was enabled to manage applications, mutual members face serious obstacles, mainly due to the need to present documentation and receipts from more than 50 years ago. This requirement is difficult to meet, since many do not keep these documents, and the companies that managed the mutual societies have disappeared.
Added to this problem is the collapse of the Treasury system due to the number of complaints receivedwhich has generated significant delays. Without the required supporting documents, many retirees run the risk of being left without the money that legally belongs to them, which has frustrated their expectations. Although the Supreme Court ruling seemed like an opportunity to correct the error, bureaucracy and a lack of flexibility in requirements have complicated the process, leaving many in limbo.
The Treasury, for its part, maintains that “the refund will not be made without the necessary documentation”, a position that, although understandable from a regulatory point of view, is unattainable for many retirees. The lack of options for those who cannot submit the required documents has generated great frustration, since, despite having the right to a refund, many mutual members will not receive a single euro due to the impossibility of complying with the imposed requirements.
Declaration status
To know the status of the return, you must access the Electronic Headquarters of the Tax Agency. Using the reference number, Cl@ve, digital certificate or electronic DNI, you can review the status in the “Consultation of submitted forms” or “Processing of draft/declaration” sections. In the event that a request has been rejected, a rectification request can be submitted again, making sure to attach the necessary information that is missing or that caused the denial.
Furthermore, it is important to keep in mind that the Treasury has a period of six months, from the End date of the Income campaignto make the corresponding return. If payment is delayed beyond this period, you have the right to claim late payment interest. In the event that the mutual member has died, the heirs can submit the application in his name, following the established procedure and providing documentation that proves the relationship with the deceased.
In conclusion, the current situation of Treasury returns For mutual retirees, it reflects both progress in the recognition of rights and an administrative challenge. Despite the Supreme Court ruling that establishes the right to claim for excess contributions, the complexity of the process and the documentary difficulties have generated great frustration for many affected.
