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V0962-18 11 April 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · indemnización por despido

Tax treatment of collective redundancy compensation and payments under special agreements with the Social Security system

The taxpayer inquires about the tax treatment of a redundancy compensation received in semi-annual installments and the payment by the company of a special agreement with the Social Security. The DGT determines that the compensation includes an exempt portion and that the payment of Social Security contributions constitutes employment income.

The question raised

Question raised: Tax treatment, under Personal Income Tax (IRPF), of the amounts received by the taxpayer.

The DGT's ruling

Redundancy compensation is exempt up to the lesser of 180,000 euros or the amount established in the Workers' Statute for unfair dismissal. The excess is considered employment income and may be eligible for the 30% reduction if the requirements regarding generation and installment payments are met. The payment of contributions under the special agreement with the Social Security by the company constitutes employment income, although the worker may deduct it as an expense.

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