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V0074-21 22 January 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos de actividades económicas

30% reduction not applicable to compensation for termination of professional services contract

An architect inquired whether the compensation received upon the termination of a professional services contract could benefit from the reduction for irregular income. The Directorate General for Taxes (DGT) ruled that such a reduction is not applicable.

The question raised

Question posed: In the event of a possible termination of the contract by the federation, the question concerns the application of the reduction under Article 32.1 of Law 35/2006 to the compensation to be received (two annuities).

The DGT's ruling

The compensation for the termination of a professional services contract does not have a generation period exceeding two years, as it is not generated during the term of the contract but due to the event of termination. It is also not considered income obtained in a notoriously irregular manner, as it does not derive from the cessation of economic activity but from the termination of a contract. Therefore, the 30% reduction provided for in Article 32.1 of the Personal Income Tax Law is not applicable.

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