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V2944-15 7 October 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pensión no contributiva

Non-contributory disability pensions may be exempt if the requirements for absolute incapacity or severe disability are met

A query is made as to whether non-contributory Social Security disability pensions are subject to Personal Income Tax (IRPF). The DGT indicates that, although they are generally taxable, they may be exempt if they meet the requirements for absolute permanent incapacity or severe disability.

The question raised

Question raised: Tax consideration for the purposes of Personal Income Tax.

The DGT's ruling

Non-contributory disability pensions under the General Social Security Regime are subject to taxation pursuant to Article 17.2.a) of the Personal Income Tax Law. However, Article 7.f) of the same law establishes an exemption for benefits due to absolute permanent incapacity or severe disability. Therefore, if these pensions meet said requirements, they could be exempt.

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