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A life insurance beneficiary receives a payment for absolute permanent disability, with the policyholder being their spouse. The DGT rules that since the policyholder and beneficiary are different, the amount is subject to Inheritance and Gifts Tax.
Cuestión planteada Tributación de la indemnización percibida.
Cuando el contratante y el beneficiario de un seguro de vida son personas distintas, las cantidades percibidas están sujetas al Impuesto sobre Sucesiones y Donaciones como un negocio jurídico gratuito 'inter vivos'. En este caso, al ser el cónyuge la tomadora y el consultante el beneficiario, la indemnización por incapacidad tributa por este impuesto.
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