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A worker receives compensation for total permanent disability resulting from an occupational disease, covered by a collective insurance policy. The Directorate General for Tax Administration (DGT) has ruled that, as this does not constitute an accident, it does not qualify for the exemption on compensation and must be taxed as employment income.
Cuestión planteada Sometimiento a retención de la indemnización.
La indemnización no está exenta porque el contrato cubre enfermedades y no solo accidentes según la definición legal. Al instrumentar compromisos por pensiones, la cuantía se considera rendimiento del trabajo según el artículo 17.2.a) 5ª de la Ley del IRPF. Por tanto, debe someterse a retención a cuenta del impuesto siguiendo el procedimiento general.
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