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V3731-16 7 September 2016 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

Pension plan benefits are taxed as employment income for the beneficiary

A taxpayer has enquired about the tax treatment of pension plan benefits upon retirement. The Directorate General for Taxes (DGT) clarifies that these are taxed as employment income for the beneficiary and explains the conditions for applying the 40% lump-sum reduction.

The question raised

Question posed: Treatment in Personal Income Tax of the benefits to be received from the aforementioned pension plans.

The DGT's ruling

Pension plan benefits constitute earned income of the beneficiary, regardless of how the community property regime has been dissolved. If received as a lump sum, a 40% reduction may be applied to the portion corresponding to contributions made until December 31, 2006, provided that two years have elapsed since the first contribution. This reduction may only be applied to amounts received in a single year, regardless of the number of plans held by the taxpayer.

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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