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V2120-23 19 July 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del trabajo

The 30% reduction cannot be applied to the early retirement bonus under a succession contract

A company inquires whether a 25,000 euro bonus for early retirement under a succession contract may benefit from the 30% reduction for income with a generation period exceeding two years. The DGT responds that it is not applicable because the agreement establishing the bonus arises anew between the parties.

The question raised

Question posed: Applicable withholding percentage.

The DGT's ruling

To apply the 30% reduction for a generation period exceeding two years, two conditions must be met: that the income is linked to seniority in the company of at least that period and that the convention or agreement establishing it also exceeds two years. In this case, as it is a bonus agreed ex novo between the parties, the second condition is not met. The withholding rate shall be determined through the general procedure of the Tax Regulations.

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