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V1202-16 23 March 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · incapacidad permanente parcial

Pensions for partial permanent disability are taxed as income from employment with a reduction for irregularity

The inquirer asks whether the benefit for partial permanent disability recognized judicially is exempt from Personal Income Tax (IRPF). The DGT responds that only pensions for absolute disability or severe invalidity are exempt, therefore the partial disability benefit must be taxed.

The question raised

Question posed: Consideration of said benefit for the purposes of Personal Income Tax.

The DGT's ruling

Benefits for partial permanent disability are income from employment subject to taxation. As they are classified as income obtained in a notoriously irregular manner over time, the 30 percent reduction provided for in the LIRPF is applied. Legal defense expenses arising from litigation with the paying entity are deductible up to an annual limit of 300 euros.

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