How the DGT's position has evolved
Current position
Severance pay is exempt up to the lesser of the mandatory amount according to the Workers' Statute or 180,000 euros. The excess is taxed as employment income. If the excess is received as a lump sum and the generation period exceeds two years, the 30% reduction from article 18.2 of the LIRPF (Personal Income Tax Law) is applicable. The exemption requires a real and effective termination of the employment relationship, the presumption of non-existence of which in the event of new hires within the same company or an affiliated company admits evidence to the contrary.
The DGT's position remains constant regarding the application of exemption limits and the nature of the excess as employment income. Rulings have increasingly specified the application of the 30% reduction for the excess received as a lump sum and have reaffirmed the need to prove real termination against the presumption of labor continuity.
Turning points
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Establishes that the exemption requires the recognition of unfair dismissal to occur through a judicial ruling or a conciliation act before the SMAC.
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Reaffirms that providing services in the same company or an affiliated company within three years generates a presumption of lack of termination, although it admits evidence to the contrary.
Analysis based on 32 of 41 rulings with a stated position. Updated 14 August 2026.