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V1528-22 27 June 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

Compensations for contract suspension during leave of absence do not qualify for the 30% reduction

A query is made as to whether amounts received for a voluntary paid leave of absence agreed upon in a collective redundancy may benefit from the reduction for irregular income. The DGT responds that it is not possible to apply said reduction.

The question raised

Question posed: Taxation of the compensation received under Personal Income Tax. Application of the reduction provided for in Article 18.2 of the Income Tax Law.

The DGT's ruling

Compensations for the suspension of the employment relationship constitute earned income from employment, but they do not constitute severance pay since the employment relationship is not terminated. The 30% reduction provided in Article 18.2 of the LIRPF cannot be applied because these rights do not vest through seniority, but rather arise from the suspension agreement. Furthermore, they do not qualify as notoriously irregular income, as the regulation only includes amounts resulting from the mutual termination of the employment relationship for this purpose, not from suspensions.

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