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V3933-16 19 September 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · indemnización por despido

Collective redundancy compensation is exempt up to the limits of the Workers' Statute and €180,000

A company has requested clarification regarding the exemption of collective redundancy compensation and the application of the 30% reduction for irregularity. The Directorate General of Taxes (DGT) clarifies the exemption limits and the conditions for applying the reduction to the non-exempt excess.

The question raised

Question posed: Application of the exemption regulated in Article 7 e) of Law 35/2006, on Personal Income Tax, and the 30% reduction for irregularity provided for in Article 18.2 of the same Law.

The DGT's ruling

In collective redundancies, the exempt portion of the severance pay is that which does not exceed the limit set by the Workers' Statute for unfair dismissal and, in any case, the limit of 180,000 euros. The excess shall be taxed as employment income and the 30% reduction may apply if the generation period exceeds two years. If the severance pay is collected in installments, the reduction only applies if the quotient between years of service and tax periods is greater than two.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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