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Practical manual for Income Tax 2023.

3. Life or temporary annuities derived from the imposition of capital

Regulations: Art. 25.3 b) Law Income Tax

In life annuities or other temporary annuities that result from the imposition of capital, except when they have been acquired by inheritance, legacy or any other succession title, the return on movable capital will be the result of applying to each annuity the percentages provided, respectively, for the immediate life annuities or temporary annuities derived from life insurance contracts.

Remember

  • In the case of immediate life annuities derived from life insurance contracts, which have not been acquired by inheritance, legacy or any other succession title, the result of applying the following percentages to each annuity will be considered as income from movable capital based on the age of the annuitant at the time of the establishment of the annuity:

    Age of the recipient Applicable percentage
    Under 40 years old 40 percent
    Between 40 and 49 years old 35 percent
    Between 50 and 59 years old 28 per 100
    Between 60 and 65 years old 24 per 100
    Between 66 and 69 years old 20 per 100
    70 years or older 8 per 100

    These percentages, which will correspond to the annuitant's age at the time of establishing the annuity, will remain constant throughout the annuity's validity.

  • In the case of immediate temporary income derived from life insurance contracts, which have not been acquired by inheritance, legacy or any other succession title, the result of applying the following percentages to each annuity based on the duration of the income will be considered as income from movable capital:

    Duration of the rental Applicable percentage
    Less than or equal to 5 years 12 per 100
    Greater than 5 and less than or equal to 10 years 16 per 100
    Greater than 10 and less than or equal to 15 years 20 per 100
    Over 15 years 25 percent