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A taxpayer queried how to tax capital received from a life insurance policy following a permanent disability. The DGT ruled that this constitutes income from movable capital and must be attributed to the tax year in which the court ruling establishing the right becomes final.
Cuestión planteada Tributación del capital percibido.
Las prestaciones de contratos de seguro que generen rendimientos del capital mobiliario se integran en la base imponible del ahorro. El rendimiento se determina por la diferencia entre el capital percibido y las primas satisfechas en el periodo de cobertura. La imputación temporal se realiza en el periodo en que la prestación sea exigible o, si hay resolución judicial pendiente, en el ejercicio en que esta adquiera firmeza.
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