Summary table: Taxation of life or disability insurance contracts and capitalization operations

**Taxation of life or disability insurance contracts and capitalization operations**
Subject	Net return on movable capital	Net performance reductions
Capital benefits derived from life insurance	In life insurance (CP - PS) being: CP = Capital received PS = Premiums paid for survival	Transitional regime of contracts generating increases or decreases in assets prior to 01-01-1999 ( DT 4 Law Income Tax ): The portion of the total net income corresponding to premiums paid before 31-12-1994, generated before 20-01-2006, will be reduced by 14.28% for each year between the payment of the premium and 31-12-1994. To determine this portion of the yield, the following weighting coefficients must be applied successively: (Premium x No. of years until collection) ÷ ∑ (each premium x No. of years until collection) Days from payment of premium until 20-01-2006 ÷ Days from payment of premium until collection date Maximum joint limit of deferred capital received since January 1, 2015: 400,000 euros
Capital benefits derived from life insurance	In insurance that combines survival with death or disability (CP - PS - PCR) being: CP = Capital received PS = Premiums paid for survival PCR = Premiums paid corresponding to the capital at risk due to death or disability with a limit of 5% of the mathematical provision
Disability benefits in the form of capital	(CP - PS) * This same treatment is given to benefits derived from insurance whose beneficiary is the mortgage creditor, with certain requirements	No
Benefits derived from capitalization operations in the form of deferred capital	(CP - PS)	No
Immediate life annuities derived from life or disability insurance	annuity x 40% if recipient < 40 years annuity x 35% if recipient 40-49 years old annuity x 28% if recipient 50-59 years old annuity x 24% if recipient 60-65 years old annuity x 20% if recipient 66-69 years old annuity x 8% if recipient 70 years or older	No
Immediate temporary income derived from life or disability insurance	annuity x 12% if dr ≤ 5 years annuity x 16% if dr > 5 ≤ 10 years annuity x 20% if dr > 10 ≤ 15 years annuity x 25% if dr > 15 years being dr = duration of the income	No
Deferred temporary or life annuities ⁽¹⁾	a + [(VA - PS) ÷ N] being: to = annuity x percentage according to the age of the recipient or duration of the annuity (the same as for temporary or immediate life annuities) VA = Actuarial financial present value of the income that is established PS = Amount of premiums paid N = number of years of duration of the temporary income, with a maximum of 10 years. If the annuity is for life, 10 years will be taken as a divisor. Note: When the income has been acquired free of charge inter vivos, the RCM will be, exclusively, the result of applying to each annuity the percentage that corresponds to the immediate temporary or life annuities.	No
Deferred income received as retirement and disability benefits, when there has been no mobilization of provisions during the validity of the insurance	Excess of benefit over paid premiums (from the moment when the amount of the benefit exceeds the total amount of said premiums) Note: In the event that the income has been acquired free of charge inter vivos, the RCM will be the excess of the benefit over the actuarial present value of the income at the time of its creation.	No
Termination of temporary or life annuities due to the exercise of the right of redemption	Redemption amount + income paid up to the time of redemption - premiums paid - amounts that have been taxed as RCM in accordance with the previous sections Note: When the income has been acquired free of charge inter vivos or is income established before 01-01-1999, the accumulated profitability until the income was established will also be subtracted.	No
Life insurance in which the policyholder assumes the investment risk " unit linked	If the special rule of temporary imputation is not applicable (art.14.2.h, Law IRPF ): Depending on whether the payment is received in the form of capital or income, the rules discussed in the previous sections will apply. If the special rule of temporary imputation is applicable (art.14.2.h, Law IRPF ): Annual net return = difference in net asset value between the assets allocated to the policy at the end and at the beginning of the tax period	No
Note to the table: ⁽¹⁾When such annuities were established prior to 01-01-1999, the profitability is solely the result of applying the percentages indicated for life annuities or immediate temporary annuities, as appropriate. See DT fifth of the Income Tax Law . ^(Back)