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V0253-24 29 February 2024 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · régimen transitorio

The 40% reduction for pre-2007 contributions may apply across multiple years when receiving benefits from different plans

The inquiry examines whether the transitional regime reduction can be applied over several tax years when transferring rights from one pension plan to new ones. The Directorate General for Taxes (DGT) states that, following the TEAC criterion, the reduction may apply to lump-sum benefits received from different plans within the legal timeframes. However, it warns of the risk of tax evasion simulation if the transfer is carried out solely for tax avoidance purposes.

The question raised

Possibility of applying the reduction provided for in the transitional regime over several tax years if the participant or beneficiary transfers part of the vested or economic rights of their pension plan with contributions prior to 2007 to a new plan and obtains the benefit from their pension plan as a lump sum in different tax years.

The DGT's ruling

The 40% reduction for contributions made until December 31, 2006, may be applied to benefits received as a lump sum for each plan, within the period established by the twelfth transitional provision of the LIRPF, and not solely in a single tax year. This criterion applies when benefits from multiple pension plans are received. However, if the transfer of rights is carried out with the exclusive tax purpose of applying the reduction across several tax years, the conflict in the application of the rule or simulation could be applied.

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