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V3008-15 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 limit of 180,000 euros and that of the Workers' Statute regulations

A worker inquired about the tax treatment and the withholdings applied to their severance pay for a collective redundancy. The DGT clarifies that the exempt portion is that which does not exceed the limits of the Workers' Statute nor the 180,000 euros.

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 communicated to the labor authority as of August 1, 2014, the severance pay is exempt up to the lesser amount between the limit established in the Workers' Statute for unfair dismissal and the amount of 180,000 euros. The excess is considered earned income from work and the 30 percent reduction may apply if the requirements of the LIRPF are met. There is no obligation to withhold tax on the exempt portion.

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