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Practical Income Manual 2021.

A) Exempt amount: Limits

Compensation for dismissal or dismissal of the worker is exempt, with the following limits:

A. Up to the amount established as mandatory in the Workers' Statute, in its implementing regulations, or, where applicable, in the regulations governing the execution of sentences .

However, it should be noted that article 7.e) of the Personal Income Tax Law establishes, as will be seen later, an exception in the case of collective dismissals for which an exemption is provided. greater than the compensation amount established as mandatory in the Workers' Statute.

Now, to declare compensation for unfair dismissal or dismissal up to the amount established as mandatory in the Workers' Statute exempt, we must differentiate between dismissals that occurred until July 7, 2012 and those that occur after said date:

  • For dismissals that occurred until July 7, 2012 , severance payments are exempt when the employer recognizes it at the time of communication of the dismissal or at any other time prior to the conciliation act. , provided that the amount of compensation does not exceed that which would have corresponded in the event that it had been declared inadmissible, and it is not a matter of terminations by mutual agreement within the framework of collective plans or systems of incentivized withdrawals (twentieth transitional provision second of the Personal Income Tax Law ).

  • In dismissals that occurred after July 7, 2012 , only compensation recognized in a conciliation act or in a judicial resolution is exempt.

    • For these purposes, it must be taken into account that article 63 of Law 36/2011, of October 10, regulating social jurisdiction, requires, as a prerequisite for the processing of the judicial process, that an attempt at conciliation or , where appropriate, mediation before the corresponding administrative service (established in each Autonomous Community) or before the body that assumes these functions, which may be established through interprofessional agreements or collective agreements referred to in article 83 of the text. recast of the Workers' Statute Law, as well as through the agreements of professional interest referred to in article 13 and article 18.1 of the Self-Employment Statute Law.

Precision: The consolidated text of the Workers' Statute Law is the one approved by Royal Legislative Decree 2/2015, of October 23 ( BOE of 24).

B. However, the amount of the exempt compensation will have a maximum limit of 180,000 euros . Therefore, although the total compensation does not exceed what is stipulated in the Workers' Statute or its implementing regulations, if it exceeds 180,000 euros, the excess will be subject to tax, with the exceptions indicated below:


Regulations: Transitional provision twenty-second.3 Law Personal Income Tax .

This limit of 180,000 euros will not be applicable:

  • To compensation for dismissals or terminations that occurred prior to August 1, 2014.

  • To compensation for dismissals that occur after that date when they arise from an approved employment regulation file, or a collective dismissal in which the opening of the consultation period to the labor authority has been communicated , prior to August 1, 2014 .

Note: When the amount of compensation received exceeds the amount that, in each case, is mandatory or the maximum limit of 180,000 euros, the excess is not exempt from Personal Income Tax and must be declared as personal work income, without prejudice to the applicable, where applicable, reduction legally established for work income generated in a period of more than two years.