B) Compensation for personal injuries derived from accident insurance contracts
Compensation for personal injuries derived from accident insurance contracts are also exempt, except for those whose premiums could have reduced the tax base or be considered as a deductible expense in determining the net income of the economic activity carried out by the insured.
The exemption only extends up to the amount resulting from applying, to the damage suffered, the system for assessing damages caused to people in a traffic accident, distinguishing:
Accidents that occur after January 1, 2016, to which the assessment system included in the new Title IV and the new Annex to the Consolidated Text of the Law on civil liability and insurance in the circulation of vehicles will be applied. engine, approved by Royal Legislative Decree 8/2004, of October 29, which is introduced by the sole article of Law 35/2015, of September 22, reforming the system for the assessment of damages and losses caused to people in traffic accidents ( BOE of September 23).
Please note that the General Directorate of Insurance and Pension Funds, to facilitate its knowledge and application, publishes on its website http://www.dgsfp.mineco.es / , the compensation amounts in force during the year 2022, once updated at 2.5 percent, taking into account the 1.6 percent adjustment due to correction of the deviation corresponding to 2021.
- Accidents that occurred prior to January 1, 2016, to which the system included in the Annex to the Consolidated Text of the Law on civil liability and insurance in the circulation of motor vehicles, approved by Royal Legislative Decree 8/, will be applied. 2004, of October 29, in its current wording until December 31, 2015.
Note: Compensatory interest for late payment corresponding to exempt compensation is also exempt in accordance with the provisions of article 7 of the Personal Income Tax Law . The reason is that the fixed interest, as an accessory obligation, must have the same consideration as the main concept from which it derives and be classified, in these cases, as exempt capital gain. See in this regard the Resolution of the Central Economic-Administrative Court ( TEAC ), of May 10, 2018, Claim number 00/05260/2017, relapsed into an extraordinary appeal for the unification of criterion.