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A query was raised regarding which remuneration concepts should be included when calculating the tax-exempt portion of collective redundancy compensation. The Directorate General for Tax (DGT) responded that tax regulations do not determine which salary or non-salary concepts must be used for this calculation, as that falls under the remit of labour law.
Cuestión planteada Conceptos retributivos que deben tenerse en cuenta a efectos de calcular la indemnización exenta por despido prevista en el artículo 7-e) de la Ley del IRPF.
En despidos colectivos por causas económicas, técnicas, organizativas, de producción o fuerza mayor, la parte exenta es la que no supere los límites obligatorios del Estatuto de los Trabajadores para el despido improcedente. La normativa fiscal no establece qué conceptos o partidas salariales o extrasalariales deben integrarse para cuantificar dicho importe obligatorio, siendo esta una cuestión del ámbito laboral.
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