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V1871-21 15 June 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

The 30% reduction cannot be applied if severance payments are received in different tax years

The taxpayer asks whether the 30% reduction for irregular income can be applied to amounts received through a voluntary severance plan. The DGT responds that, as they are received in installments across different periods, the requirement of being attributed to a single tax year is not met.

The question raised

Question posed: Taxation of the amounts received. Application of the 30 percent reduction under Article 18.2 of Law 35/2006.

The DGT's ruling

The 30% reduction for employment income obtained in a notoriously irregular manner, such as amounts from mutual termination agreements, is only applicable if attributed to a single tax period. Since the payments are not attributed to a single tax year, the reduction under Article 18.2 of the LIRPF is not applicable.

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