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V0122-21 28 January 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Mutual agreement early retirement compensation taxed as employment income without 30% reduction

A worker inquired whether compensation from a voluntary early retirement scheme could benefit from the reduction for irregularity in time. The Directorate General for Taxes (DGT) ruled that, as the resolution is by mutual agreement, it must be taxed as employment income and the 30% reduction does not apply because the payments are not attributed to a single tax period.

The question raised

Question posed: Tax treatment of the compensation established in the early retirement program. Application of the 30% reduction for irregularity.

The DGT's ruling

The amounts received for early retirement by mutual agreement have the nature of employment income. The exemption for dismissal under Article 7.e) of the LIRPF is not applicable as it does not constitute a collective dismissal nor does it fall under the causes provided for in the Workers' Statute. The 30% reduction for income obtained in a notoriously irregular manner is not applicable if the income is not imputed to a single tax period.

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