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V0523-24 9 April 2024 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

Retirement contingency occurs when requirements for early benefit collection are met

The inquirer asks when the retirement contingency occurs if they collect their pension plan early due to collective redundancy. The DGT responds that, in the case of early collection, the contingency occurs when the requirements for said collection are met, which determines the timeframe for applying the 40% reduction.

The question raised

The date on which the retirement contingency is understood to have occurred in the event of making the early collection of the corresponding retirement benefit and the period available to apply the 40 percent reduction provided for in the transitional regime.

The DGT's ruling

The retirement contingency occurs, as a general rule, upon accessing retirement through the Social Security system. However, if the early collection of the benefit is received or initiated, the contingency is understood to have occurred at the moment the requirements for such early collection are met, such as the termination of the employment relationship due to collective dismissal and the transition to a legal status of unemployment. This determines the fiscal year in which the contingency occurs for the purpose of calculating the time limits of the transitional regime.

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