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V0500-15 9 February 2015 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · prestación de plan de pensiones

The application year for the 40% pension scheme reduction cannot be changed once the filing deadline has passed

A taxpayer inquired whether they could cancel a 40% reduction applied in 2013 to use it in a different year with a different pension scheme. The Directorate General of Taxes (DGT) ruled that, as the statutory declaration period has elapsed, the option can no longer be rectified.

The question raised

Possibility of modifying the tax period for the application of said reduction.

The DGT's ruling

The 40% reduction for benefits paid in a lump sum may only be applied to amounts received in a single year, at the taxpayer's discretion, regarding the portion of contributions made until December 31, 2006. According to the General Tax Law, options exercised in a tax return cannot be rectified subsequently, unless the rectification is submitted within the regulatory filing period. Therefore, if the filing period for the chosen fiscal year has expired, it is not possible to change the option.

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