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V0594-20 16 March 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · indemnización por despido

Dismissal compensation exempt up to Labour Statute and €180,000 limit

The taxpayer enquires about the tax treatment of collective dismissal compensation and deductibility of Social Security contributions under a special agreement. Tax authorities confirm that compensation is exempt within certain limits and that contributions under the special agreement are deductible expenses.

The question raised

Question raised: Tax treatment, under Personal Income Tax (IRPF), of the compensation for termination of the employment relationship, application of the exemption provided for in Article 7.e) of the Personal Income Tax Law. Deductibility of contributions to the Special Agreement with the Social Security.

The DGT's ruling

The compensation for termination of the employment relationship in a collective dismissal is exempt from Personal Income Tax (IRPF) up to the lesser of: the amount mandatorily established in the Workers' Statute for unfair dismissal or 180,000 euros. On the other hand, contributions made through a special agreement with the Social Security are treated as tax-deductible expenses from employment income.

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