Special integration regime
Notwithstanding the above, there is a special regime for integrating the taxable base for benefits in the form of income from life or disability insurance contracts that meet the following conditions:
Retirement or disability benefits, under the terms established by the regulations.
In the case of retirement benefits, the insurance contract must have been signed at least two years before the retirement date.
That there has been no type of transfer of the provisions of the insurance contract during its validity
If these conditions are met, the percentages indicated in the previous sections will not be applicable and the aforementioned retirement or disability benefits will be included in the taxable base from the moment when their amount exceeds the premiums that have been paid under the contract.
If the income has been acquired by donation or any other legal business in a free and inter vivos manner, the integration will be carried out when the benefits exceed the current actuarial value of the income at the time of their incorporation.
Benefits for retirement and disability (Article 19,1 of the Act)
For the application of the special regime for integrating benefits into the taxable income base in the form of life or disability insurance, the contingencies for which the benefits may be received will be those provided for in article 8,6 of Royal Legislative Decree 1/2002 of 29 November, approving the revised text of the Pension Plans and Funds Regulation Act, under the terms established for these.
Transfer of the provisions of the insurance contract (Article 19,2 of the Act)
It will be understood that some kind of transfer of the provisions of the insurance contract has occurred when the limitations that, in relation to exercising economic rights, establishes the first additional provision of Royal Legislative Decree 1/2002 of 29 November, which establishes the revised text of the Pension Plans and Funds Regulation Act and its implementing regulations are approved, with regard to group insurance policies that implement pension commitments for companies.