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V0280-26 9 February 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · convenio especial

Social security special agreement payments by employer not taxable income or deductible expense for employee

The DGT confirms that payments made by the employer under a special social security agreement following a collective dismissal have no fiscal impact on the employee.

The question raised

Question raised: Deductibility of contributions to the special agreement with the Social Security.

The DGT's ruling

The contributions to the special agreement that correspond by law to the employer do not have an impact on the employee's Personal Income Tax (IRPF), neither as income nor as a deductible expense. If the obligation to pay falls on the employee but the company bears the cost, such amounts are considered full income from employment in kind. In this latter case, the employee may deduct said amount as an expense in accordance with current regulations.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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