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V0392-25 20 March 2025 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · derechos consolidados

40% reduction possible on early access to pension plans under certain conditions

The consultant asks whether a 40% reduction under the transitional regime can be applied when accessing early contributions to pension plans with more than ten years of age. The DGT responds that this is possible provided the requirements of the twelfth transitional provision of the LIRPF are met.

The question raised

Question posed: Possibility of applying the 40 percent reduction provided for in the transitional regime through the early surrender of consolidated rights of pension plans in the fiscal years 2025, 2026, and 2027.

The DGT's ruling

The 40% reduction is applicable to amounts received in the form of capital through the early surrender of consolidated rights, provided they correspond to contributions made until December 31, 2006. To determine the period of receipt, the event of early surrender occurs in the fiscal year in which the ten-year seniority requirement is met and the surrender is expressly requested. If the reduction is applied for this reason, it may not be applied again for the same contingency.

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