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V1183-21 29 April 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Amounts for early retirement by mutual agreement are taxed as employment income without the 30% reduction

A worker inquired whether compensation for early retirement agreed upon by mutual agreement could benefit from the reduction for irregularity in time. The DGT responds that it must be taxed as employment income and that the reduction does not apply if it is not imputed in a single tax period.

The question raised

Question raised: Tax treatment of the compensation established in the early retirement agreement. Application of the 30% reduction for irregularity.

The DGT's ruling

Compensation for early retirement is of the nature of employment income. As it is a resolution by mutual agreement and not a collective dismissal, the exemption under Article 7.e) of the LIRPF does not apply. The 30% reduction for irregular acquisition in time is not applicable if the income is not imputed in a single tax period.

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