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V2507-25 15 December 2025 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

Pension plan benefits under general regime do not benefit from disability exemption

A taxpayer with 33% disability inquires about the tax treatment of their pension plan withdrawn as income. The DGT clarifies that the disability exemption only applies if contributions were made under the special regime for disabled persons.

The question raised

Taxation of the benefit derived from the pension plan in the event of redemption in the form of an annuity.

The DGT's ruling

Pension plan benefits are considered income from employment. The exemption for persons with disabilities on benefits received as an annuity is only applicable if the contributions were made to plans established specifically for the benefit of persons with disabilities. This special regime cannot be applied to rights generated through contributions made under the general regime, even if the holder has a recognized disability.

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