Skip to content
Back to index
V0110-24 15 February 2024 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

Deadline for applying the 40% pension plan reduction depends on the year the contingency occurs

The inquirer asks about the deadline for applying the 40% reduction to a pension plan following a collective redundancy. The DGT rules that, if early retirement is claimed, the contingency occurs when the requirements for such payment are met.

The question raised

Available period to apply the 40 percent reduction provided for in the transitional regime.

The DGT's ruling

If the retirement benefit is collected in advance, the contingency occurs when the requirements to receive it are met (termination of the employment relationship due to collective redundancy and unemployment status). In this case, the contingency is understood to have occurred in the fiscal year in which said requirements are met. The period for applying the 40% reduction on contributions made prior to 2007 depends on the date of the occurrence of the contingency, pursuant to the twelfth transitional provision of the LIRPF.

Book your free first meeting