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V1268-18 14 May 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · indemnización por despido

Payment for collective dismissal exempt up to minimum of Workers' Statute or €180,000

The taxpayer asks about the tax treatment of a collectively dismissed payment received in instalments. The tax authority responds that the exempt portion is the amount not exceeding the limits set by the Workers' Statute or €180,000.

The question raised

Question posed: Tax treatment, under Personal Income Tax (IRPF), of the compensation for the termination of the employment relationship.

The DGT's ruling

The compensation for collective dismissal is exempt up to the lesser of: the amount established in the Workers' Statute for unfair dismissal or 180,000 euros. The excess is taxed as employment income and a 30% reduction may apply if the requirements for generation and fragmentation are met. If the collection is installment-based, the effective taxation begins when the accumulated amount exceeds the exemption limit.

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What is published here, applied to a company or a specific case. The first meeting is free.

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