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V3254-14 3 December 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · renta vitalicia

Life annuity received through community property settlement taxed as income from movable capital

An individual received a monthly life annuity as compensation during the settlement of their community property. The DGT clarifies that this does not constitute compensatory maintenance, but rather consideration for the transfer of assets.

The question raised

Obligation to pay Personal Income Tax on the amount of the life annuity received on a monthly basis.

The DGT's ruling

The life annuity received is the consideration derived from the transfer of assets upon the dissolution of marriage. As it is an immediate life annuity not acquired by way of succession, the result of applying the percentages established according to the recipient's age at the time of the annuity's establishment shall be considered income from movable capital.

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