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V2236-25 24 November 2025 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · ganancia patrimonial

Insurance payout for serious illnesses treated as patrimonial gain

A taxpayer asks about the tax treatment of a payout from a serious illness insurance. The DGT rules that it is not a return of capital, but a patrimonial gain.

The question raised

Taxation of the benefit under Personal Income Tax (IRPF).

The DGT's ruling

The sickness benefit is not income from life or disability insurance, but rather a capital gain pursuant to Article 33.1 of the Personal Income Tax Law (LIRPF). The amount of the gain is calculated by subtracting from the benefit the premiums paid corresponding to the current year. This gain must be included in the general taxable base and is not subject to withholding or payment on account.

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