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V0111-16 15 January 2016 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · derechos consolidados

Pension plan rights cannot be transferred to an EPSV, and EPSV contributions are subject to IRPF requirements

The applicant inquired about the tax implications of transferring rights from a pension plan to an EPSV. The DGT indicates that financial regulations do not permit such a transfer and that contributions to an EPSV intended to reduce the IRPF taxable base must comply with the requirements applicable to social welfare mutual funds.

The question raised

1. In the event of transferring vested rights from the pension plan to the EPSV, what would be the tax implications?

The DGT's ruling

The financial regime for pension plans does not contemplate the transfer of vested rights to a voluntary social welfare entity. Regarding contributions to EPSV, in order to be eligible for reduction in the taxable base of the Personal Income Tax (IRPF) of the common territory, all requirements of Article 51 of Law 35/2006, applicable to social welfare mutual societies, must be met.

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