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V0809-16 29 February 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Salaries due to dismissal nullity are imputed to the year of the final judgment

The tax treatment of wages and severance pay following the declaration of nullity of a collective redundancy is examined. The DGT rules that wages are attributed to the tax year in which the judgment becomes final, and that severance pay for the termination of the employment relationship is subject to specific exemption limits.

The question raised

Question raised: Tax treatment applicable to Personal Income Tax, both for reinstated workers and for those for whom the impossibility of reinstatement has determined the termination of the employment relationship.

The DGT's ruling

Wages lost due to the nullity of a dismissal constitute earned income attributable to the period in which the judicial ruling becomes final. In the event that reinstatement is impossible, the compensation for the termination of the employment relationship is exempt up to the lesser of the statutory amount under the Workers' Statute or 180,000 euros. The excess is integrated as earned income, and the reduction for irregularity may be applied.

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