A sole director of a company receives a severance payment to which he is also linked by a special employment relationship that is not exempt from tax.
The work carried out by the natural person in the company is considered to be senior management employment relationship The compensation received was therefore not intended to compensate for an employment relationship.
Taking into account that, in addition, this person was the sole administrator of the company, while simultaneously holding that position with his senior management functions in the company, the senior management employment relationship is absorbed by the commercial relationship that linked the taxpayer with that entity, so that, applying the so-called theory of the linkThe latter is more important if there is both a senior management relationship and a commercial relationship with the company, according to which there cannot be two different legal relationships (one corporate and the other employment) for managing and administering the company.
As a result, the compensation received is exclusively on the basis of the termination of the business relationship, without the exemption established by the LIRPF.
Once it has been determined that the compensation received is fully subject to tax, it would also be inappropriate to apply to it the reduction for irregularity given that, given that commercial law does not provide for any compensation in the event of termination of the relationship with the members of the management bodies, the compensation received would not be linked to a generation period of more than two years, since it arises ex novo at the time of termination, and is therefore a new economic right and not a right that has been generated over the years.
Source: elderecho.com
