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V0236-24 29 February 2024 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · aportaciones

Excess pension contributions exceeding the maximum financial limit cannot be deducted from the taxable base

A taxpayer made contributions to individual pension plans and received employer contributions that exceeded the legal limit. The Tax Agency has ruled that if the excess surpasses the maximum financial limit, it cannot be deducted from the current tax year or the following five years.

The question raised

Possibility and method of reducing contributions and payments in the IRPF taxable base for the 2022 fiscal year and the possibility of reducing the excess in the following fiscal year.

The DGT's ruling

If contributions and payments exceed the maximum limits provided for in Article 51.6 of the LIRPF and Article 5.3.a) of the TRLRPFP, such excess may not be subject to reduction in the IRPF taxable base of the current fiscal year or subsequent fiscal years. The possibility of reducing contributions in the five subsequent fiscal years only applies to excesses due to insufficient base or percentage limits, not to those exceeding the maximum financial limit.

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