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Practical manual for Income Tax 2023.

10. Loss of exemption from compensation received for dismissal or dismissal

Regulations: Art. 73.1 Regulation Income Tax

When, after the exemption from compensation for dismissal or termination of the employee has been applied, the right to it is lost, the corresponding supplementary self-assessment must be submitted.

The right to exemption will be lost if, within three years following the dismissal or termination of the employee, he or she returns to provide services to the same company or to another company linked to the former.

See, within Chapter 2, the requirements established for exemption from compensation for dismissal or termination of the worker .

The supplementary self-assessment must be submitted between the date on which the employee returns to work and the end of the regulatory declaration period corresponding to the tax period in which said circumstance occurs.

This self-assessment will generate late payment interest which, where applicable, will be settled by the Administration.

Note: If the supplementary declaration responds to this circumstance, the taxpayer must mark with an "X" the box [120] of the "Supplementary declaration" section of the declaration.