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V0202-25 19 February 2025 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ISD · hecho imponible

Compensation from a family assistance insurance policy is subject to Inheritance and Gift Tax

A woman inquires whether she must file an Inheritance and Gift Tax return for compensation from a family assistance insurance policy following her disability. The DGT responds that, since the husband is the policyholder and she is the beneficiary, the amount is taxable as a gift.

The question raised

Question posed: Whether there is an obligation to submit a settlement for Inheritance and Gift Tax.

The DGT's ruling

When the policyholder and the beneficiary are distinct persons, the amounts received from an insurance policy are subject to Inheritance and Gift Tax. In this case, as the husband is the policyholder and the wife is the beneficiary, the disability indemnity is considered a gratuitous inter vivos legal transaction pursuant to Article 12.e) of the RISD.

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