How the DGT's position has evolved
Current position
Income from employment obtained in a notoriously irregular manner over time allows for the application of the 30% reduction under Article 18.2 of the LIRPF (Personal Income Tax Law), provided they are imputed to a single tax period. This reduction is independent of the limitation regarding the five previous periods, which applies exclusively to income with a generation period exceeding two years. Severance payments due to mutual agreement are classified as notoriously irregular income.
The DGT has clarified the distinction between income with a generation period exceeding two years and income obtained in a notoriously irregular manner. While the former are subject to the limitation of the five previous periods, the latter are not. The doctrine has moved from denying the reduction in cases of severance payments to confirming its application under the assumption of regulatory irregularity.
Turning points
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Establishes that the limitation of the five previous years applies exclusively to income with a generation period exceeding two years and not to notoriously irregular income.
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Confirms that it is possible to apply the reduction for a generation period exceeding two years even if the reduction for notoriously irregular income has previously been applied.
Analysis based on 50 of 53 rulings with a stated position. Updated 19 September 2026.