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V1277-18 17 May 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · prestación por desempleo

Lump-sum unemployment benefits are exempt if used for legal purposes

A query was raised regarding whether unemployment benefits received as a lump sum qualify for Personal Income Tax (IRPF) exemption. The Directorate General for Taxes (DGT) ruled that the exemption applies provided that the requirements for the intended use of the funds and the maintenance of the investment or business activity are met.

The question raised

Question raised: Whether the exemption contained in letter n) of Article 7 of the Personal Income Tax Law applies to unemployment benefits in their single lump sum modality.

The DGT's ruling

Unemployment benefits paid in a single lump sum are exempt provided that the amounts are allocated to the purposes set forth in Royal Decree 1044/1985. Furthermore, the exemption requires maintaining the investment in labor companies, cooperatives, or capital contributions, or maintaining activity if self-employed, for a period of five years.

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