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A query is made as to whether receiving a retirement pension prevents the application of the exemption from Wealth Tax due to business activity. The DGT responds that the pension is external to tax regulations and does not hinder the benefit if the legal requirements are met.
Question raised: Application of Article 4.Eight.One of the Wealth Tax Law. Impact of the receipt of a retirement pension
The existence of a retirement pension is not an obstacle to accessing the exemption from Wealth Tax provided for in Article 4.Eight.One of Law 19/1991. For the exemption to proceed, the assets must be necessary for the development of a business or professional activity carried out in a habitual, personal, and direct manner, being this the main source of income. The retirement pension is considered a matter external to the tax regulations for this purpose.
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