How the DGT's position has evolved
Current position
To apply the 30% reduction under Article 18.2 of the LIRPF (Personal Income Tax Law), the income must have a generation period exceeding two years and be imputed to a single tax period. In the case of collective dismissal compensation, the amount exceeding the tax exemption limit is taxed as employment income and may qualify for the reduction if these requirements are met. The reduction is not applicable if payments are distributed across different tax years or if the income does not have a prior generation period linked to seniority.
The DGT's position remains constant in requiring a generation period exceeding two years and imputation to a single tax year. Throughout various rulings, the administration has specified that the reduction does not apply to non-compete agreements due to the lack of a prior generation period, nor to payments split across different tax years. The doctrine has focused on delimiting which concepts qualify as irregular income and how their generation is computed.
Turning points
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Establishes that compensation for a non-compete agreement is not notoriously irregular income and requires a generation period exceeding two years, which does not exist as it arises upon dismissal.
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Specifies that if payments for mutual agreement termination are distributed monthly across different tax years, the requirement of single imputation is not met and the reduction does not apply.
Analysis based on 49 of 51 rulings with a stated position. Updated 19 September 2026.