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A worker received severance pay subject to income tax (IRPF) withholding, after which the unfairness of the dismissal was subsequently recognised in a conciliation agreement. The Directorate General for Taxes (DGT) has ruled that the tax exemption applies if the unfair dismissal is recognised during the conciliation process or through a judicial ruling.
Cuestión planteada Tratamiento fiscal de la indemnización por despido percibida.
La indemnización por despido improcedente estará exenta del IRPF con el límite del menor de la cuantía establecida en el Estatuto de los Trabajadores o 180.000 euros. Para que proceda la exención, el reconocimiento de la improcedencia debe producirse en el acto de conciliación ante el SMAC o mediante resolución judicial. El exceso sobre estos límites tributará como rendimiento del trabajo.
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