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V1375-25 21 July 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · clases pasivas

Pension for disability under passive regime exempt from IRPF if absolute incapacity is proven

A retiree receiving a disability pension seeks to know if a new pension for absolute incapacity is subject to IRPF. The DGT rules that where a disease worsens leading to absolute incapacity for all work before the compulsory retirement age, the pension is exempt from taxation.

The question raised

Question posed: Whether the pension currently being received is subject to Personal Income Tax (IRPF), and therefore, whether the corresponding withholding tax must be applied.

The DGT's ruling

Passive class pensions are considered income from employment; however, Article 7.g of the Personal Income Tax Law (LIRPF) exempts them if the injury or illness completely disables the recipient from any profession or trade. According to the TEAC criterion, this exemption applies whether the disability exists at the time of retirement or occurs subsequently, prior to the compulsory retirement age, due to the worsening of the illness. In this case, as the absolute incapacity was recognized following the initial retirement, the requirements for exemption are met.

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