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A retired person enquires about the taxation of benefits from a foreign private pension scheme funded by their employer during a business trip. The DGT responds that, as the scheme is not regulated in Spain or under Directive 2003/41/CE, it is governed by general rules on income from employment.
Cuestión planteada Tributación de la prestación.
Las prestaciones de sistemas de pensiones de naturaleza privada vinculados a una relación laboral deben considerarse rendimientos del trabajo. Por tanto, les corresponde el tratamiento tributario previsto en los artículos 17 a 20 de la Ley 35/2006. No se aplica el tratamiento específico de los planes de pensiones previstos en el Texto Refundido de la Ley de Regulación de los Planes y Fondos de Pensiones ni en la Directiva 2003/41/CE.
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