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V3001-15 8 October 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · indemnización por despido

Severance pay for collective redundancies is exempt up to the lesser of two limits: the amount for unfair dismissal and 180,000 euros

A worker inquired about the tax treatment and withholdings of severance pay received due to a collective redundancy. The DGT clarifies that the exempt portion is that which does not exceed the 180,000 euro limit nor the mandatory amount established by the Workers' Statute.

The question raised

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

The DGT's ruling

In collective redundancies, severance pay is exempt up to the lesser of two limits: the mandatory amount for unfair dismissal according to the Workers' Statute and the amount of 180,000 euros. The excess is considered earned income from work and may be subject to a 30 percent reduction. There is no obligation to apply withholding on the exempt portion. To contest withholdings, one must proceed through an economic-administrative claim.

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