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V2833-23 19 October 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · indemnización por despido

The exemption for objective dismissal compensation is limited by the amount for unfair dismissal and the 180,000 euro threshold

A worker inquired whether their objective dismissal compensation was fully exempt as it did not exceed 180,000 euros. The DGT clarifies that the exemption does not depend solely on that limit, but also on the amount that would correspond to an unfair dismissal according to the Workers' Statute.

The question raised

Question posed: To determine whether the entire compensation, by not exceeding the 180,000 euro limit, must be exempt from taxation through the application of the provisions of Article 7 e) of the Personal Income Tax Law.

The DGT's ruling

In dismissals for objective causes, the portion exempt from Personal Income Tax (IRPF) is that which does not exceed the lesser of two limits: the amount mandatorily established in the Workers' Statute for unfair dismissal and the amount of 180,000 euros. For the calculation of years of service, the years actually rendered to the employer must be considered and not the seniority recognized by pacts or agreements. In the case of groups of companies acting as a single employer, the years of service rendered within the group shall be computed.

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