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V0777-20 ·7 April 2020 ·consulta-vinculante Medium impact
Tax

Settlement from judicial conciliation taxed as employment income and not exempt

A self-employed individual, following a dismissal, inquired whether the amount obtained through a judicial conciliation is tax-exempt. The DGT ruled that, as the proceedings recognised an employment relationship, the income constitutes employment income and does not qualify for exemption since the unfairness of the dismissal was not formally recognised.

In 6 key points

How it affects those involved

This ruling clarifies that judicial settlements resulting from the recognition of an employment relationship, rather than a formal finding of unfair dismissal, are subject to income tax as employment income.

Lifecycle

2020-04-07PublishedPublished 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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