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A retiree inquired whether they could apply the 40% reduction when receiving a collective pension insurance benefit as a lump sum. The Directorate General for Taxes (DGT) ruled that, as the insurance was contracted in 2012, the transitional regime of the law does not apply.
Cuestión planteada Tributación de la prestación, que puede percibir en forma de capital, en forma de renta vitalicia o en forma mixta.
Las prestaciones de seguros colectivos que instrumentan compromisos por pensiones se integran como rendimientos del trabajo por la cuantía que exceda de las aportaciones. El régimen transitorio que permite aplicar la reducción del 40% por cobro en forma de capital solo ampara seguros contratados con anterioridad al 20 de enero de 2006. Al ser un contrato de 2012, no es posible aplicar dicha reducción.
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