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V0052-18 17 January 2018 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

2009 collective insurance benefits taxed as employment income without transitional regime

A taxpayer inquired whether the transitional regime reduction could be applied to benefits from a collective insurance policy contracted in 2009. The DGT ruled that, as the policy was contracted after 20 January 2006, the transitional regime does not apply.

The question raised

Tax treatment of benefits. In particular, the possibility of applying the reduction provided for in the transitional regime to the collective insurance benefit.

The DGT's ruling

Retirement benefits from collective insurance policies that implement pension commitments are considered income from employment. The transitional regime under the eleventh transitional provision of Law 35/2006 only applies to insurance policies contracted prior to January 20, 2006. Since the insurance was contracted in December 2009, the application of said previous tax regime is not applicable.

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