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V1078-25 25 June 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · incapacidad permanente absoluta

Disability permanent absolute benefits exempt from IRPF

A taxpayer asks whether INSS payments in 2024 are exempt from IRPF after a ruling changed their disability status from total to absolute. The DGT confirms that all benefits from permanent absolute disability are exempt from IRPF.

The question raised

Question posed: Whether the total amount received from the INSS in the 2024 tax year is exempt from Personal Income Tax (IRPF).

The DGT's ruling

Social Security benefits for absolute permanent disability or severe invalidity are exempt income pursuant to Article 7.f) of the Personal Income Tax Law (LIRPF). This exemption applies both to amounts initially received as total permanent disability, which are subsequently revoked by a judgment recognizing absolute disability with retroactive effect, and to absolute disability benefits paid following said judgment.

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