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V1246-23 11 May 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
ISD · extinción de la relación laboral

Income from employment termination agreements following an employee's death is subject to Inheritance Tax

Consultants inquired about the taxation of outstanding amounts from an employment termination agreement following the death of an employee. The DGT ruled that, as these amounts are received by the heirs, they constitute a succession right subject to Inheritance and Gift Tax.

The question raised

Question posed: Taxation of the amounts received by the applicants.

The DGT's ruling

Amounts derived from a labor relationship termination agreement received by beneficiaries following the death of the employee constitute a succession title. Therefore, they must be taxed under Inheritance and Gift Tax, regardless of whether they are received in a single payment or as periodic benefits.

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