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A taxpayer inquired whether the 40% tax reduction could be applied to collective insurance benefits resulting from the transfer of an internal pension plan. The Directorate General for Taxes (DGT) ruled that the transitional regime is not applicable because the new contract modifies the original commitment by introducing new contingencies and allowing for lump-sum payments.
Cuestión planteada Posibilidad de aplicar la reducción del 40% a las cantidades que vaya a percibir.
El régimen transitorio de la DT 11ª de la LIRPF no es aplicable si la movilización del seguro supone una variación del compromiso por pensiones, como la inclusión de nuevas contingencias o el cambio de renta a capital. Además, las prestaciones del seguro colectivo previstas en el art. 17.2 a) 5ª de la LIRPF quedan excluidas de las reducciones del art. 18 de la misma ley.
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