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V2995-15 8 October 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · indemnización por despido

Redundancy compensation is exempt up to the lesser of the amount established by the Workers' Statute or 180,000 euros

A worker inquired about the tax treatment and withholdings of the compensation received following a collective redundancy. The DGT clarifies that the exempt portion is that which does not exceed the limit of 180,000 euros nor the mandatory amount set by the Workers' Statute.

The question raised

Question raised: Tax treatment of compensation for the termination of the employment relationship. Withholdings.

The DGT's ruling

In collective redundancies due to economic, technical, organizational, production, or force majeure reasons, the compensation is exempt up to the lesser of: the amount mandatorily established in the Workers' Statute for unfair dismissal and the limit of 180,000 euros. The excess is considered earned income and may be subject to the 30% reduction under Article 18.2 of the LIRPF. There is no obligation to apply withholding on exempt income.

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