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Practical Income Manual 2022.

Transitory rules: applicable reductions on benefits received in the form of capital derived from private social security systems

Benefits Reductions Time limits
Group insurance contracts that implement company pension commitments

Benefits received in the form of capital derived from contingencies that occurred after January 1, 2014 of insurance contracted before January 20, 2006.

This tax reduction regime applies to benefits received in the form of capital in the same tax period and will only be applicable to the part of the benefit corresponding to premiums paid until December 31, 2006 , as well as the ordinary premiums provided for in the original policy paid after this date.

Business contributions not imputed to workers

The reduction is applied to the benefit received.

Reduction 40 per 100 in the following assumptions:

Disability benefits.

Benefits corresponding to premiums paid more than two years in advance of the date on which they are received.

  • Benefits derived from contingencies that occurred after January 1, 2015.

    The transitional regime will apply, where applicable, to the benefits received in the year in which the corresponding contingency occurs, or in the two following years.

  • Benefits derived from contingencies that occurred in 2014.

    The transitional regime may only be applicable, where applicable, to benefits received until the end of the eighth fiscal year following fiscal year 2014.

If the benefit in the form of capital is received after these deadlines have ended, the taxpayer will not be able to apply any reduction for this concept.

Business contributions attributed to workers

The reduction applies to:

(+) Perceived benefit

(–) Business contributions attributed to the worker

(–) Contributions, if applicable, made by the worker himself

Reduction 75 per 100 in the following assumptions:

  • Returns corresponding to premiums more than five years in advance.
  • Absolute permanent disability or severe disability benefits.

Reduction 40 per 100 in the following assumptions:

  • Returns corresponding to premiums more than two years in advance.
  • Remaining disability benefits.
Pension plans, social security mutual societies and insured pension plans

Benefits received in the form of capital derived from contingencies that occurred after January 1, 2014.

The reduction may only be granted to amounts received in the form of capital in the same tax period for the part corresponding to contributions made until December 31, 2006.

The reduction refers to the benefits received with respect to the same contingency.

In the event of receiving benefits derived from a pension plan and a social security mutual fund in the form of capital for the same contingency, the application of the reduction will refer to the benefit of the pension plan and that of the social security mutual fund. in an independent way.

Reduction 40 per 100 when the following circumstances occur:

  • When more than two years have passed since the first contribution.
  • When they correspond to disability benefits, regardless of the period of time that has elapsed since the first contribution.
  • Benefits derived from contingencies that occurred after January 1, 2015.

    The transitional regime will apply, where applicable, to the benefits received in the year in which the corresponding contingency occurs, or in the two following years.

  • Benefits derived from contingencies that occurred in fiscal year 2014.

    The transitional regime may only be applicable, where applicable, to the benefits received until the end of the eighth financial year following in the 2014 financial year .

If the benefit in the form of capital is received after these deadlines have ended, the taxpayer will not be able to apply any reduction for this concept.

50% reduction for:

Benefits received in the form of capital by people with disabilities from social security systems established in their favor, provided that more than two years have passed since the first contribution.