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The inquirer asks how to declare their degree of disability for Personal Income Tax (IRPF) purposes and how benefits from two disability insurance policies are taxed. The Directorate General for Taxes (DGT) clarifies that disability must be proven with official certificates and that the taxation of insurance benefits depends on whether the policies are collective or individual.
Cuestión planteada Forma de reflejar la discapacidad en el IRPF y tributación de las prestaciones.
La discapacidad se acredita mediante certificados de los órganos competentes o por pensiones de incapacidad de la Seguridad Social. La incapacidad declarada judicialmente solo se refiere al ordenamiento civil. Las prestaciones de seguros colectivos que instrumenten compromisos por pensiones son rendimientos del trabajo. Las prestaciones de seguros de vida individuales son rendimientos del capital mobiliario. Ambas deben imputarse al periodo en que la resolución judicial que determina el derecho adquiere firmeza.
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