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V0612-18 ·7 March 2018 ·consulta-vinculante Medium impact
Tax

Pension plan benefits taxed as employment income rather than capital gains

The tax treatment of a pension plan lump-sum benefit received due to death was consulted. The DGT ruled that these are taxed as employment income and do not qualify for the reinvestment reduction into a personal life annuity available to capital gains.

In 6 key points

How it affects those involved

This ruling clarifies that lump-sum pension benefits received upon death are classified as employment income, preventing taxpayers from applying capital gains tax relief through reinvestment into life annuities.

Lifecycle

2018-03-07PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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