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V2781-23 ·10 October 2023 ·consulta-vinculante Medium impact
Tax

Exemption from redundancy pay is conditional upon real and effective severance from the company

A worker inquired whether they would retain their exemption from redundancy pay if hired by a company collaborating with their former bank. The DGT ruled that the exemption requires real and effective severance, regardless of whether a presumption of affiliation applies.

In 5 key points

How it affects those involved

This ruling clarifies that the mere absence of a formal link is insufficient for tax exemptions; there must be a genuine and effective break in the employment relationship to avoid being considered a related party.

Lifecycle

2023-10-10PublishedPublished 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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