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A worker received compensation for unfair dismissal through the payment of a premium for a temporary annuity insurance policy. The DGT has ruled that the tax-exempt portion of the premium is only that which does not exceed the limits set by the Workers' Statute, and that the subsequent income received constitutes investment income.
Cuestión planteada Régimen fiscal aplicable a las rentas percibidas del contrato de seguro descrito.
El importe de la prima de seguro que no exceda la cuantía establecida en el Estatuto de los Trabajadores para despidos improcedentes estará exento en el IRPF. Las rentas mensuales percibidas del seguro se califican como rendimientos de capital mobiliario. Al tratarse de rentas temporales inmediatas con una duración de 5 años y 10 meses, el rendimiento del capital mobiliario se determina aplicando el 16 por ciento a cada anualidad.
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