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A worker inquired whether severance pay following a mutual agreement was tax-exempt and if legal fees could be deducted. The DGT ruled that, as there is no judicial recognition of unfair dismissal or settlement via conciliation, the severance pay is taxed as employment income, and legal fees are deductible up to a limit of €300 per year.
Cuestión planteada Tratamiento fiscal de la indemnización por despido satisfecha. Deducibilidad fiscal de los honorarios satisfechos al abogado.
La indemnización por despido no está exenta si el reconocimiento de la improcedencia no se produce mediante resolución judicial o en el acto de conciliación ante el SMAC. Dichos importes tributan como rendimiento del trabajo, pudiendo aplicarse la reducción del 30 por 100 del artículo 18.2 de la LIRPF. Los honorarios de abogados por defensa de intereses en desacuerdos con el empleador son gastos deducibles con un límite de 300 euros anuales.
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