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BOE-A-2026-4974 ·3 March 2026 ·Royal Decree Medium impact
Labour

Early retirement applicants: 3-month window to apply without tax identification

The Supreme Court has annulled Article 10.2.a and Article 12.1 of Royal Decree 402/2025, which required tax identification for early retirement applications. Applicants may now initiate the process without presenting a tax identification document. This change facilitates access for workers lacking such documentation, while the remainder of the administrative framework remains valid.

In 2 key points

  1. The requirement for tax identification in early retirement applications is abolished (art. 10.2.a y 12.1 del Real Decreto 402/2025)
  2. The early retirement procedure remains in place, but without the requirement for tax identification (anulación del art. 10.2.a y 12.1 del Real Decreto 402/2025)

How it affects those involved

Workers seeking early retirement no longer need to provide tax identification in their initial application, reducing administrative barriers. Social Security administrations must update their processes to reflect this annulment. Advisors and trade union representatives will be able to provide better guidance to their clients. The change does not affect the validity of the procedure itself, only the requirement for tax identification.

Lifecycle

2026-03-03PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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