A settlement agreement is a contract between two parties that confirms that neither party has a dispute with the other. There should be some financial incentives for an employee to sign a settlement agreement that we will review later. The Appeals Counsellor stated: “Article 192A(3) provides that a payment may be exempt if it is made with a settlement agreement concluded in the context of a mediation procedure provided for by an applicable law. There is no indication that the complainant asserted a right before a competent authority. Decision 12CD2020 concerned Sections 123 and 192A (3). In the present case, the agreement was called a “severance pay agreement”, which provides in particular for a payment of 65,000 euros to the complainant. In that case, it was important that the redundancy agreement had been concluded on the basis of mediation between the taxable person and his former employer before the opening of legal proceedings. “The settlement agreement describes payment as `special damage` and the list of special damages refers to `loss of income` for past and future losses. It should be noted that the list of special replacement funds provides for a deduction of the income received by the complainant for her part-time employment when quantifying the loss of income. Decisions 12TACD2020 and 13TACD2020 of the Tax Complaints Commission examined how dismissals in the event of cessation or dismissal are treated for tax purposes and how these payments are to be taken into account in a written settlement agreement when a working dispute over these payments is successfully settled or negotiated. § 192A, para.
4 provides for an exemption from payment for the settlement of claims, provided that certain conditions are met: such a requirement may be breached to the extent necessary by law or by the courts or by an administrative authority of the State of a competent court. Generally, some leeway or flexibility is left to the employee to allow the employee to communicate or acknowledge the existence of the agreement with immediate family members, legal advisors and other professional advisors. The section also provides that copies of the agreement and applications will be made available to revenue commissioners upon request.. . . .