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V0740-20 ·6 April 2020 ·consulta-vinculante Medium impact
Tax

Exemption from redundancy pay presumed invalid if employee returns to company within three years

A query was raised regarding whether redundancy pay remains exempt if a worker is rehired by the same company following a change of control. The DGT indicates that rejoining within three years creates a presumption that there was no real and effective severance of the employment relationship.

In 5 key points

How it affects those involved

This ruling clarifies that companies cannot use temporary redundancies to avoid severance obligations if the worker is rehired shortly after, potentially increasing the tax and social security liabilities for such transactions.

Lifecycle

2020-04-06PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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