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V2686-23 3 October 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

75% of labor mutual insurance benefits from 1967-1978 contributions to be treated as employment income

The query examines whether the Supreme Court ruling regarding the Banking Labor Mutual Insurance is applicable to other mutual insurance schemes and how to prove contributions. The Directorate-General for Taxes (DGT) indicates that if other mutual insurance schemes have followed the same legal regime, 75% of the benefit resulting from contributions made between 1967 and 1978 must be integrated as employment income.

The question raised

Application of Supreme Court Judgment 707/2023, of February 28, 2023, to the benefit derived from contributions made after 1967 to Labor Mutual Societies with a regime analogous to the Banking Labor Mutual Society. Means of accreditation of the contributions made to the Labor Mutual Societies.

The DGT's ruling

The portion of the benefit corresponding to contributions made to labor mutual societies between January 1, 1967, and December 31, 1978, must be included as employment income at 75 percent, provided that said mutual societies were subject to the same legal and contribution regime as the Banking Labor Mutual Society. Regarding the accreditation of the contributions, the interested party may use the means of proof admitted under Law, with the Administration being responsible for assessing whether they are sufficient.

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