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V1931-23 5 July 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

Benefits from collective insurance policies implementing pension commitments are taxed as employment income

The taxpayer inquires about the taxation of a benefit from a collective life insurance policy received in 2022 after retiring in 2012. The DGT responds that these benefits are employment income and that, in this case, tax reductions cannot be applied as the transitional periods have expired.

The question raised

Question posed: Corresponding taxation for said benefit.

The DGT's ruling

Benefits from collective insurance policies implementing pension commitments are considered employment income to the extent that they exceed the contributions imputed for tax purposes to the employee and those made by the employee. It is not possible to apply the 40% reduction from the transitional regime because the benefit was received outside the periods established according to the year of the contingency. The 30% reduction for irregular income is also not applicable, as these cases are expressly excluded from said benefit.

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