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A taxpayer used an unemployment lump sum payment to capitalise a labour company but ceased their economic activity before the five-year mark. The Directorate General for Taxes (DGT) has ruled that, due to failure to meet the required maintenance period, the right to the tax exemption is lost.
Cuestión planteada Tributación en el IRPF de 2018.
La exención de las prestaciones por desempleo en modalidad de pago único requiere mantener la participación en la sociedad laboral o la actividad económica durante cinco años. Si se incumple este requisito, se pierde el derecho a la exención. La regularización de la situación tributaria debe realizarse en la autoliquidación del IRPF del ejercicio en que se produzca dicho incumplimiento.
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