Rewritten tax rules for employment termination payments
Article 13 of the 2006 Social Security Financing Act rewrites paragraph 1 of Article 80 duodecies of the General Tax Code. Any payment made on termination of an employment contract is taxable, except: payments under Article L. 122-14-4 of the Labour Code; payments made under a job protection plan; the share of other severance payments not exceeding twice the previous year's gross annual pay or 50% of the payment, within six times the annual social security ceiling, or the statutory or agreed amount if higher; and, for compulsory retirement payments, the same share within five times the ceiling. These rules apply to terminations notified from 1 January 2006. The rules have been amended several times since. According to the Senate report, the exempt portion of dismissal payments outside a redundancy plan was previously capped at half of the first wealth-tax bracket (€360,000) and that of compulsory-retirement payments at a quarter of it (€180,000), so the reform lowers these caps.
Measure originators
No official estimate found for this measure.
Measure impact
Employees dismissed or compulsorily retired whose termination is notified from 1 January 2006 pay income tax on the part of their payment above the exempt thresholds (six social security ceilings for a dismissal, five for compulsory retirement, unless the statutory or agreed amount is higher).
Official references
Procedure timeline
Follow the progress of this fiscal measure through the different stages of the parliamentary procedure.
Administrative implementation
Entrée en vigueur de la mesure et mise en œuvre par l'administration
President of the Republic signature
Publication au Journal officiel
Possible referral to Constitutional Council
Décision de conformité / censure partielle