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V0332-24 7 March 2024 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

Potential for tax reductions on pension scheme surrenders based on contribution type and timing

The inquiry examines the taxation of benefits from the FONDITEL pension scheme and whether the 40% reduction can be applied. The DGT rules that a distinction must be made between initial contributions for past services and subsequent contributions to determine the correct tax treatment and applicable reductions.

The question raised

Taxation corresponding to said benefit. Possibility of applying the 40% reduction provided for in the transitional regime.

The DGT's ruling

The benefit is divided into two parts: the initial contribution for services rendered prior to 01/07/1992 is taxed as collective insurance, with any amount exceeding the worker's contributions and payments being integrated as employment income, allowing for reductions pursuant to DT 11th. Subsequent contributions are taxed as employment income from pension plans, allowing for the 40% reduction for contributions made up to 2006 if received as a lump sum and provided the terms of DT 12th are met. The taxpayer must substantiate the contributions and payments through their payslips.

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