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V0825-23 10 April 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · indemnización a tanto alzado

Lump-sum compensation for death due to workplace accident is taxable as employment income

A query was raised regarding whether the lump-sum compensation received by the widow of a person deceased due to a workplace accident is subject to Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that these benefits are taxable as employment income.

The question raised

Question posed: Taxation of the lump-sum special compensation received by the widow of a deceased person who had recognized absolute incapacity derived from an occupational accident.

The DGT's ruling

Lump-sum special compensation for death due to occupational accident or professional disease is subject to Personal Income Tax (IRPF) as income from employment, pursuant to Article 17.2.a).1 of Law 35/2006. As these are death benefits obtained in a notoriously irregular manner, the 30 percent reduction may apply if they are attributed to a single tax period.

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