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V1282-25 10 July 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · indemnización

Exemption from IRPF does not apply to insurance payouts covering risks other than accidents

A worker asks whether a 40,000 euro payout for total permanent disability is exempt as it comes from an accident insurance policy. The DGT responds that since the policy covers other risks in addition to accidents, it is not considered an accident insurance policy and the exemption does not apply.

The question raised

Application of the exemption under Article 7.d) of Law 35/2006.

The DGT's ruling

The exemption under Article 7.d) of Law 35/2006 extends to compensation for personal damages derived from accident insurance contracts. Since the insurance contract under inquiry covers risks distinct from the definition of accident in Law 50/1980, the compensation does not derive from an accident insurance contract. Therefore, it is not possible to apply the aforementioned exemption, as the use of analogy to extend tax benefits is prohibited.

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