How the DGT's position has evolved
Current position
Permanent disability pensions may be exempt from IRPF (Personal Income Tax) if the degree of disability is equivalent to absolute disability or severe disability and the paying entity is a substitute for Social Security. Non-contributory pensions are taxed according to article 17.2.a) of the LIRPF (Personal Income Tax Law), unless they meet the requirements for disability exemption. On the other hand, mandatory Social Security contributions, including solidarity contributions and those from special agreements, are deductible expenses from employment income.
The DGT's position remains constant regarding the application of the disability exemption for foreign pensions, always requiring the equivalence of the degree of disability and the substitutive nature of the entity. Regarding the deductibility of contributions, the doctrine confirms that those of a mandatory nature, such as solidarity contributions or those from special agreements, are deductible expenses from net employment income.
Analysis based on 45 of 46 rulings with a stated position. Updated 15 September 2026.