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V4902-16 11 November 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · indemnización por despido

Tax treatment of severance payments, social security agreements and pension plans in collective dismissals

A company seeks clarification on the tax treatment of various payments under a collective dismissal agreement. The DGT clarifies the exemption of severance payments, the nature of social security contributions, and the treatment of pension and life insurance contributions.

The question raised

Question raised: Tax treatment applicable to Personal Income Tax regarding the various economic concepts contemplated in the aforementioned Agreement.

The DGT's ruling

Severance payments for collective redundancies are exempt up to the limit established by the Workers' Statute and a maximum of 180,000 euros. Contributions to the special agreement paid by the employer are not taxable, but if the company pays those of the employee, they constitute employment income. Contributions to pension plans and life insurance are benefits in kind, although pension plan contributions may be deducted from the taxable base. Preferential rates on financial products granted to the employee are considered employment income in kind.

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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