How the DGT's position has evolved
Current position
Severance payments derived from Collective Redundancy Proceedings (ERE) with a consultation period prior to August 1, 2014, are limited to an exemption of 45 days' salary per year of service, up to a maximum of 42 monthly payments. The excess over this amount is taxed as employment income and may qualify for the 30% reduction if the generation period exceeds two years. Resolutions that expand an ERE without substantial changes are considered extensions of the initial proceeding and maintain this regulation.
The DGT's position remains constant regarding the application of transitional regulations for ERE with consultation periods prior to August 2014. It has been specified that the expansion of these proceedings does not change the applicable regime, as it is considered an extension of the original proceeding. The criterion regarding the calculation of splitting for the 30% reduction has remained without substantial variations.
Turning points
-
Establishes that complementary resolutions that expand an ERE without substantial modifications are considered an extension of the initial proceeding, applying the regulations of the original.
Analysis based on 20 of 21 rulings with a stated position. Updated 25 September 2026.