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Doctrine by topic · DGT Observatory

Income from Employment: DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

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How the DGT's position has evolved

Settled doctrine High confidence 24 rulings · 2015–2024

Current position

In cases of unfair dismissal, the compensation is exempt up to the lesser of two limits: the mandatory amount under the Workers' Statute and the amount of 180,000 euros. The excess is integrated as income from employment and may be subject to the 30% reduction provided in article 18.2 of the Personal Income Tax Law (LIRPF). In cases of disciplinary dismissal, the amount is not exempt and is taxed in full as income from employment.

The DGT's position remains constant regarding the calculation of the exemption for unfair dismissals, always applying the lesser of the legal limits and the 180,000 euro cap. The clear distinction is maintained between exempt collective/unfair dismissals and disciplinary dismissals that are taxed as income from employment.

Turning points

  1. V0905-17

    Clarifies that in disciplinary dismissal the amount is not exempt and is taxed as income from employment.

Analysis based on 20 of 24 rulings with a stated position. Updated 30 September 2026.

Rulings on this topic

24
V0905-17 11 Apr 2017

Dismissal indemnity subject to IRPF; retention required

SG de Impuestos sobre la Renta de las Personas Físicas
indemnización por despidodespido disciplinariorentimientos del trabajoexenciónretención a cuenta LIRPF — Ley 35/2006 del IRPF art. 7.eRIRPF — RD 439/2007, Reglamento del IRPF art. 74
Affects CompanyExpat · Non-residentIndividual

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