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V0839-19 23 April 2019 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · seguro colectivo

40% and 30% reductions cannot be applied to benefits from a collective insurance policy contracted in 2012

A retiree inquired whether they could apply tax reductions to the capital received from a collective pension insurance policy contracted in 2012. The Directorate General for Taxes (DGT) ruled that no reduction is applicable as the requirements regarding seniority and type of income are not met.

The question raised

Taxation of the benefit. Possibility of applying any reduction to the capital to be received from the collective insurance.

The DGT's ruling

The provision of a collective insurance policy that instruments pension commitments is integrated as employment income. The 40% reduction does not apply because the insurance was contracted after January 2006. The 30% reduction for irregular income also does not apply, as Article 18 of Law 35/2006 expressly excludes the income referred to in Article 17.2.a).5.

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