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V1322-15 ·29 April 2015 ·consulta-vinculante Medium impact
Tax

Severance pay exemption lost if re-hiring occurs within three years, suggesting no effective termination

A query was raised regarding whether the exemption from severance pay remains valid if a dismissed employee is rehired after 21 months. The DGT has ruled that re-hiring within a three-year period creates a presumption that no real termination of the employment relationship occurred.

In 6 key points

How it affects those involved

Companies re-hiring former employees within a three-year window may lose the tax exemption on severance payments, as the authorities may deem the dismissal to have been non-effective.

Lifecycle

2015-04-29PublishedPublished 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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