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V3597-15 19 November 2015 · SG de Fiscalidad Internacional Criterion in force
IRNR · prestación de seguro

Pensions from disability or illness insurance under Spain-Switzerland agreement are taxed in beneficiary's country of residence

A Swiss resident receiving disability and illness benefits from an insurance provider is deemed to receive 'other income' under the Spain-Switzerland double taxation agreement.

The question raised

Question posed: Taxation of amounts paid as benefits.

The DGT's ruling

Income derived from insurance contracts covering contingencies such as disability or illness cannot be classified as interest or capital gains. Therefore, they are considered 'other income' under Article 21 of the Convention between Spain and Switzerland. Consequently, if the beneficiary proves their residence in Switzerland, such income may only be taxed in that State.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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