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A professional cyclist received €37,500 in compensation following an agreement to terminate a contract that never came into effect. The DGT has ruled that this amount is not exempt income and must be taxed as employment income.
Cuestión planteada Tributación en el IRPF de la indemnización.
La indemnización no es una renta exenta por despido o cese, ya que el contrato de trabajo no había entrado en vigor. Al no encajar en el artículo 7.e) de la Ley 35/2006, la cuantía percibida debe calificarse como rendimientos del trabajo, puesto que sustituye a unos rendimientos de un trabajo que no se va a realizar.
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