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V0906-21 14 April 2021 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

The 40% reduction for contributions made before 2007 expires based on the year the contingency occurs

A taxpayer with an occupational pension plan wishes to know if they can apply the 40% reduction under the transitional regime. The DGT rules that, as the early retirement due to dismissal occurred in 2018, the deadline to apply the reduction expired on 31 December 2020.

The question raised

Question posed: Possibility of applying the 40 percent reduction provided for in the transitional regime.

The DGT's ruling

Pension plan benefits are considered earned income. In the event of early retirement, the contingency occurs when the requirements for such payment are met (termination of the employment relationship and unemployment). To apply the 40 percent reduction on contributions made prior to 2007, the benefit must be received within the timeframes established in the twelfth transitional provision. In this case, as the contingency occurred in 2018, the period expired in 2020.

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