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V2282-25 25 November 2025 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

Exemption not applicable to pension plan rental income under general regime

The consultant asks whether a tax exemption applies to pension plan rental income. The DGT responds that the exemption only applies if the pension plan was specifically established for people with disabilities, not if contributions were made under the general regime.

The question raised

Possibility of applying the exemption provided for in the Personal Income Tax Law to the benefit received in the form of an annuity.

The DGT's ruling

The exemption under Article 7.w) of the Personal Income Tax Law requires that the benefits derive from contributions made to pension plans established for the benefit of persons with disabilities. To qualify for this special regime, the election must be made prior to the contributions. If the contributions were made under the general regime, the exemption cannot be applied even if the beneficiary has a recognized disability.

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