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The consultant asks how to tax compensation claims following the nullity of a dismissal. The DGT responds that such payments are attributable to the year when the judgment becomes final and that, where more than two years have passed since the claim arose, a 30% reduction applies.
Cuestión planteada Tributación en el IRPF.
Los salarios de tramitación son rendimientos del trabajo que deben imputarse al periodo impositivo en que la sentencia judicial que determina su cuantía adquiera firmeza. Al tener un periodo de generación superior a dos años, procede la reducción del 30% prevista en el artículo 18.2 de la LIRPF. En cuanto a la retención, si se satisfacen en un periodo posterior a su imputación, se consideran atrasos.
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