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V0254-21 12 February 2021 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · jubilación parcial

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

A consultant asks when the deadline expires to apply the 40% reduction for contributions made prior to 2007, following partial retirement in 2008 and full retirement in 2013. The DGT responds that the deadline depends on when the retirement contingency is deemed to have occurred.

The question raised

Deadline for applying the 40 percent reduction to the amount received as a lump sum, corresponding to the portion of contributions made before 2007.

The DGT's ruling

The retirement contingency generally occurs upon accessing full retirement, although if the collection of the benefit begins earlier, it is considered to have occurred at partial retirement. For contingencies occurring between 2011 and 2014, the transitional regime for the 40% reduction may be applied to benefits received up to the eighth fiscal year following that of the contingency. In this case, if the contingency occurred in 2013, the period expires on December 31, 2021.

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