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V2400-20 ·14 July 2020 ·consulta-vinculante Medium impact
Tax

No tax withholding should be applied to redundancy payments that were already exempt at the time of payment

A worker enquired whether, following re-employment, a company should withhold Income Tax (IRPF) on a redundancy payment previously received and exempt. The Directorate General for Taxes (DGT) ruled that the new employment contract does not alter the initial exemption, although unemployment benefits remain taxable.

In 6 key points

How it affects those involved

This ruling clarifies that the tax-exempt status of a redundancy payment is preserved even if the individual is subsequently rehired by the same employer, preventing double taxation or incorrect withholdings.

Lifecycle

2020-07-14PublishedPublished 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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