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V1600-25 11 September 2025 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

Benefits from professional social mutualities taxed as income from work if contributions reduced taxable base

The consultant asks whether a partial withdrawal from a professional social mutuality benefit should be taxed as capital or income. Hacienda responds that such benefits will be taxed as income from work if the contributions have led to a reduction or lowering of the taxable base.

The question raised

Taxation of the benefit as income from movable capital or as income from employment.

The DGT's ruling

Benefits from insurance contracts with social welfare mutual societies are considered income from employment if the contributions were deductible expenses or allowed for a reduction in the taxable base. In benefits for retirement or disability, the amount exceeding the contributions that could not be subject to reduction or diminution shall be included in the taxable base. For contributions made before 1999, if the amount of the non-reduced contributions cannot be proven, 75 percent of the benefits received shall be included.

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