How the DGT's position has evolved
Current position
Compensation for civil liability for personal injury is exempt from IRPF (Personal Income Tax) if its amount is legally or judicially recognized, including agreements through a conciliation deed with the intervention of the Clerk of the Court. On the other hand, premiums for occupational accident or civil liability insurance paid by the company are not considered benefits in kind if they exclusively cover such risks. The concept of occupational accident for these exemptions includes occupational disease, unless expressly excluded in the contract.
The DGT maintains a clear distinction between the exemption of compensation for personal injury and the taxation of surcharges on benefits. The position that premiums for accident insurance do not constitute benefits in kind has remained constant, specifying that occupational disease is integrated into the concept of occupational accident. Finally, the interpretation of the judicially recognized amount has been expanded to include conciliation agreements.
Turning points
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Clarifies that the judicially recognized amount for the exemption of personal injury includes intermediate formulas with judicial intervention, such as the conciliation deed.
Analysis based on 8 of 8 rulings with a stated position. Updated 2 October 2026.