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V0031-19 4 January 2019 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · régimen transitorio

Transitional regime not applicable if pension commitment undergoes variation

A query was raised regarding whether a benefit from a group insurance policy contracted in 2008 could benefit from the 40% reduction under the transitional regime for premiums paid before 2007. The Directorate General for Taxes (DGT) ruled that this is not applicable, as changes to the method of payment and the amount of the benefit constitute a variation of the pension commitment.

The question raised

Whether the 40 percent reduction provided for in the transitional regime is applicable to the benefit received from the insurance policy contracted in 2008, regarding the portion corresponding to the premiums paid until December 31, 2006, to the previous insurance policy.

The DGT's ruling

To apply the transitional regime of the eleventh transitional provision of Law 35/2006, the mobilization of an insurance policy must not entail a variation of the existing commitment, an alteration of the mathematical provision value, or a modification of the planned ordinary premiums. If a variation occurs in the manner of receiving the benefit or in its amount, the transitional regime shall not be applicable.

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