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V0213-24 27 February 2024 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · jubilación activa

Timing of retirement contingency for applying the 40% reduction in pension plans

The inquirer asks when the retirement contingency is deemed to have occurred for the purpose of applying the 40% reduction to pension plans with contributions made prior to 2007, following a period of active retirement. The DGT responds that, as a general rule, the contingency occurs upon initial retirement, unless the benefit is not collected until the active retirement period ends.

The question raised

For the purposes of applying the 40 percent reduction provided for in the transitional regime, when is consid

The DGT's ruling

The retirement contingency occurs, as a general rule, at the time of accessing initial retirement. However, if the collection of the pension plan benefit is not initiated while active retirement lasts, the contingency shall be understood to occur when the full collection of the Social Security pension is reinstated. This is relevant for complying with the deadlines for receiving the benefit required by the twelfth transitional provision of the LIRPF.

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