B) Benefits in the form of capital derived from public social security regimes
Regulations: Art. 18.3 Law Personal Income Tax and 12.3 Regulations
Taxpayers may apply a reduction of 30 per 100 on the following benefits, provided that they are received in the form of capital, consist of a perception of single payment and more than two years have passed since the first contribution . The two-year period is not applicable in the case of disability benefits:
The pensions and passive assets received from the public Social Security and Passive Class regimes and other public benefits not exempt due to situations of disability, retirement, accident, illness, widowhood or similar .
Precision: However, when pensions or similar benefits are received from previous periods, or supplements or surcharges thereof from such periods, because a court ruling has recognized it, to the amounts received from previous periods, when the periods concerned exceed two years , the reduction of article 18.3 of Law 35/2006 does not apply to them, but the reduction of article 18.2 of the Personal Income Tax Law apply to them. See the Resolution of the Economic-Administrative Court (TEAC) of June 1, 2020, Claim number 00/03228/2019, recourse to an appeal for the unification of criteria.
The benefits received by the beneficiaries of mandatory general mutual societies for civil servants, orphan schools and other similar entities .
In the case of mixed benefits, which combine income of any type with a single payment in the form of capital, the aforementioned reduction will only be applicable to the payment made in the form of capital.