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Personal Income Tax (IRPF) Withholdings

The pensions, whose amount exceeds the legally established annual amount, are subject to taxation under the terms established in the regulations for Personal Income Tax (IRPF) and submitted, when appropriate, to the system of tax withholdings, with the following exceptions:

Pensions for permanent disability

  • The following are always exempt:
    • Pensions resulting from acts of terrorism.

    • Pensions for absolute permanent disability and severe disability, as well as those for retirement resulting from these situations, due to a change in status when the recipient reaches the age of 65.

  • Regarding the total permanent disability benefit and the retirement benefit derived from a change in denomination when the beneficiary reaches the age of 65, is subject to taxation under the terms set out in the Personal Income Tax (IRPF) regulations, and it is subject, when appropriate, to the general tax withholdings system, with the following exceptions:

    • In the Basque provinces, total permanent disability pensions, although not exempt, will be exempt  from the age of 55,  if no proof of income is provided, and,  in any case, in the tax period in which they are received for the first time. In Álava this exemption also applies to holders  under 55. 

Orphanhood pension

  • As from 1.1.03, the pension is always exempt.

Pension for Family Members

  • Although the pension is subject to taxation, it will be exempt:
    • If it results from acts of terrorism.

    • If it was granted as a result of absolute or severe permanent disability. 

    • Benefits to family members under 22 years old are also exempt.

    Widowhood Pension

    The pension will be exempt when it originates from acts of terrorism.

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