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V1852-24 2 August 2024 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

Disability tax exemption cannot be applied to pension plan benefits under the general regime

A consultant with absolute permanent disability wishes to draw their occupational pension plan as an annuity. The DGT has ruled that the disability tax exemption cannot be applied because the plan was established under the general regime rather than the special regime for persons with disabilities.

The question raised

Possibility of applying the exemption provided for in Article 7.w) of the Personal Income Tax Law.

The DGT's ruling

The exemption under Article 7.w) of the Personal Income Tax Law (LIRPF) applies only to benefits derived from contributions made to pension plans established specifically for persons with disabilities. To benefit from this special regime, the election must be made prior to the making of the contributions. Therefore, benefits derived from contributions made under the general regime cannot benefit from this exemption, even if the beneficiary has a recognized disability.

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