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A consultant asks about the tax treatment of a dismissal compensation deemed unremovable in a conciliation process. The DGT states that full tax applies if it involves top management, but where it is a common labour relationship, the amount set out in the Workers' Statute is exempt.
Cuestión planteada Tratamiento fiscal de la indemnización recibida.
Si la relación es de alta dirección, la totalidad de la indemnización está sujeta a IRPF al no existir límites máximos obligatorios. Si es una relación laboral común, la indemnización está exenta hasta el límite de la cuantía establecida obligatoriamente en el Estatuto de los Trabajadores y con un tope de 180.000 euros, siempre que la improcedencia se reconozca en el SMAC o mediante resolución judicial.
What is published here, applied to a company or a specific case. The first meeting is free.
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