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Form 100. Personal Income Tax Return Declaration 2017

Special integration regime

Notwithstanding the provisions of the preceding sections, there is a special regime for the integration into the tax base of benefits in the form of income from life or disability insurance contracts that meet the following conditions:

  • Whether it concerns retirement or disability benefits, under the terms established by regulation.

  • In the case of retirement benefits, the insurance contract must have been taken out at least two years prior to the retirement date.

  • That there has not been any type of mobilization of the provisions of the insurance contract during its validity

If these conditions are met, the percentages indicated in the previous sections will not be applicable and the aforementioned retirement or disability benefits will be included in the tax base from the moment in which their amount exceeds the premiums that have been paid under the contract.

In the event that the income has been acquired by donation or any other legal transaction free of charge and inter vivos, the integration will be carried out when the benefits exceed the actuarial present value of the income at the time of its creation.

RETIREMENT AND DISABILITY BENEFITS (art. 19.1 Rgl.)

For the application of the special regime of integration into the tax base of benefits in the form of income from life or disability insurance, the contingencies for which the benefits may be received will be those provided for in article 8.6 of Royal Legislative Decree 1/2002, of November 29, which approves the consolidated text of the Law on the Regulation of Pension Plans and Funds, in the terms established for these.

MOBILIZATION OF THE PROVISIONS OF THE INSURANCE CONTRACT (art. 19.2 Rgl.)

It will be understood that some type of mobilization of the provisions of the insurance contract has occurred when the limitations established in the First Additional Provision of Royal Legislative Decree 1/2002, of November 29, approving the consolidated text of the Law on the Regulation of Pension Plans and Funds, and its implementing regulations, regarding collective insurance that implements company pension commitments, are breached.