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V0600-23 14 March 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

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

An inquirer asks when the deadline to apply the 40% reduction for contributions made prior to 2007 expires following a collective redundancy. The DGT rules that, when receiving early retirement benefits due to redundancy, the contingency occurs at the moment the employment relationship is terminated and the individual enters unemployment.

The question raised

Available period to apply the 40 percent reduction provided for in the transitional regime.

The DGT's ruling

If the retirement benefit is collected in advance, the contingency occurs when the requirements for said collection are met (termination of the employment relationship due to collective redundancy and unemployment status). For contingencies occurring in 2022, the period to apply the transitional regime and the 40% reduction expires on December 31, 2024.

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