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Practical manual for Income Tax 2024. Volume 1

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

Regulations: Art. 73.1 Regulation Income Tax

Remember: In those cases where the situation that motivates the regularization affects tax periods prior to 2024, consult the practical manual corresponding to the aforementioned tax period.

When, after the application of the exemption from severance pay for dismissal or termination of employment, the right to it is lost, the corresponding corrective self-assessment corresponding to the year 2024 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 corrective self-assessment corresponding to the 2024 fiscal year 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 this circumstance occurs.

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

Note: If the corrective declaration for the year 2024 corresponds to this circumstance, the taxpayer must mark with an "X" box [120] in the section " Corrective self-assessment " of the declaration.