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V1580-20 ·26 May 2020 ·consulta-vinculante Medium impact
Tax

Presumption of loss of dismissal compensation exemption upon re-employment within three years

A worker who benefited from an exemption on dismissal compensation was re-employed by the same company within three years. The DGT indicates that this creates a presumption that no genuine termination of employment occurred, requiring the submission of a supplementary tax return including late payment interest.

In 6 key points

How it affects those involved

Employers who re-hire staff within three years of applying a dismissal compensation exemption risk being deemed to have not genuinely terminated the contract, potentially leading to tax liabilities and interest penalties.

Lifecycle

2020-05-26PublishedPublished 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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