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V0681-16 19 February 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · prestación de desempleo

Converting a worker-owned company into a limited company does not result in the loss of unemployment benefit exemption

A taxpayer received a lump-sum unemployment benefit to establish a worker-owned company and intends to convert it into a limited company. The DGT has ruled that this change in corporate form does not void the exemption, provided the investment is maintained.

The question raised

Application of the exemption to the lump-sum unemployment benefit.

The DGT's ruling

The exemption of lump-sum unemployment benefits requires that the amounts be allocated to the capital contribution of a labor company or a commercial entity. The five-year investment maintenance period is not considered breached if a labor limited liability company is transformed into a commercial company. The exemption is maintained provided that the requirement to maintain the investment for the legal period is met.

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