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V0466-24 19 March 2024 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

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

A consultant asks whether they can apply the 40% reduction for contributions made prior to 2007 through a long-term unemployment withdrawal in 2024 and a subsequent retirement withdrawal. The DGT rules that if retirement is claimed early due to collective redundancy, the tax contingency is retirement, and the deadline for the reduction depends on that date.

The question raised

Possibility and available period to apply the 40 percent reduction provided for in the transitional regime.

The DGT's ruling

If the retirement benefit can be received in advance following a collective redundancy, the tax contingency is that of retirement and not that of long-term unemployment. The period for applying the 40% reduction is determined by the fiscal year in which said contingency occurs. If the retirement contingency occurred in 2021, the period for applying the reduction expired on December 31, 2023. The 40% reduction can only be applied to one of the benefits if several redemptions are received for the same contingency.

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