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V2862-15 5 October 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · incapacidad permanente absoluta

The Dutch disability pension is exempt from Personal Income Tax if specific requirements are met

A resident in Spain asks whether the benefit for absolute occupational disability (WAZ) received from the UWV entity in the Netherlands is exempt from taxation. The DGT indicates that the exemption depends on proving the nature of the disability and the paying entity.

The question raised

Question posed: Whether said benefit is exempt from taxation in Spain under the Personal Income Tax.

The DGT's ruling

The invalidity benefit is exempt pursuant to Article 7.f) of the LIRPF provided that two requirements are met: that the degree of disability is equivalent to absolute disability or severe invalidity, and that the paying entity is a substitute for Social Security under Dutch regulations. These requirements must be proven to the Tax Administration.

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