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V1048-23 ·27 April 2023 ·consulta-vinculante Medium impact
Tax

Exemption from redundancy pay may be lost if the employee rejoins the company or an affiliate within three years

A worker inquired whether their collective redundancy payment would be exempt from Income Tax (IRPF) if they rejoined their original company following the end of a contract suspension. The Directorate General for Taxes (DGT) indicates that rejoining the company or an affiliate within less than three years triggers a presumption that no genuine severance of the employment relationship occurred.

In 6 key points

How it affects those involved

This ruling clarifies that tax exemptions for redundancy payments are contingent upon a genuine termination of employment, preventing tax avoidance through temporary separations.

Lifecycle

2023-04-27PublishedPublished 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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