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V2722-18 15 October 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos profesionales

Insurance commissions received after retirement retain status as professional income

An insurance agent retires but continues to receive a percentage of commissions from the portfolio managed prior to their departure. The DGT has ruled that these earnings continue to be classified as income from professional activities.

The question raised

Classification in Personal Income Tax (IRPF) of the amounts corresponding to the commissions that continue to be received.

The DGT's ruling

The commissions that a former insurance agent receives for production carried out prior to their retirement do not lose their status as professional income. Having been generated by insurance produced in the exercise of the profession, they fulfill the requirements of Article 27.1 of Law 35/2006. Therefore, they are subject to withholding on the full amount in accordance with the Tax Regulation.

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