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V0603-20 30 March 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · indemnización por despido

Dismissal compensation not exempt if improvidence not recognised in SMAC or by judicial decision

A worker claimed exemption from dismissal compensation after the employer applied IRPF retention. The DGT states that for compensation to be exempt, the improvidence must be recognised in the SMAC conciliation procedure or by judicial decision.

The question raised

Question posed: Tax treatment of the severance payment made. Withholding tax.

The DGT's ruling

For severance payments to be exempt under Article 7.e) of the LIRPF, the recognition of unfair dismissal must occur during the conciliation process before the Mediation, Arbitration and Conciliation Service (SMAC) or through a judicial ruling. If this requirement is not met, the compensation is subject to tax and not exempt, being classified as income from employment. In this case, the company must apply the corresponding withholding tax.

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

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