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A query was raised regarding which remuneration components should be included when calculating the exempt portion of a collective redundancy compensation. The Directorate General for Taxes (DGT) ruled that the exemption is limited to the amount mandatorily established in the Workers' Statute and that determining which salary components are used for this calculation is a labour law matter, not a tax one.
Cuestión planteada Conceptos retributivos que deben tenerse en cuenta a efectos de calcular la indemnización exenta por despido prevista en el artículo 7-e) de la Ley del IRPF.
En despidos colectivos por causas económicas, técnicas, organizativas, de producción o fuerza mayor, la parte exenta es la que no supere los límites obligatorios del Estatuto de los Trabajadores para el despido improcedente. La normativa fiscal no determina qué conceptos o partidas salariales o extrasalariales deben incluirse para cuantificar dicho importe obligatorio, ya que eso corresponde al ámbito laboral.
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