How the DGT's position has evolved
Current position
Severance payments for unfair dismissal are exempt up to the limits set by the Workers' Statute and a maximum of 180,000 euros. The excess is taxed as employment income and may qualify for the 30% reduction if the generation period exceeds two years and does not exceed 300,000 euros annually. Back pay (salarios de tramitación) does not qualify for said reduction as it does not have a generation period exceeding two years.
The DGT's position remains constant regarding the distinction between the exemption for dismissal and the taxation of the excess. The application of the 30% reduction has been specified for both the excess severance and amounts paid by mutual agreement, provided that the requirements of irregularity or generation period are met. No fundamental changes are observed, but rather a technical application of the limits of the LIRPF (Personal Income Tax Law).
Turning points
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Establishes that to apply the reduction to installment payments, the quotient between years of service and the number of installments must be greater than two.
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Clarifies that the limitation of the reduction does not affect income obtained in a notoriously irregular manner over time.
Analysis based on 13 of 14 rulings with a stated position. Updated 26 September 2026.