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V0906-23 18 April 2023 · 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

An inquirer asks about the deadline for applying the 40% reduction when redeeming a pension plan following a collective redundancy. The DGT rules that, if retirement benefits are collected early, the contingency occurs when the requirements for such collection are met.

The question raised

Question posed: Available period for applying the 40 percent reduction provided for in the transitional regime.

The DGT's ruling

If retirement benefits are collected early, the contingency occurs at the moment the requirements for receiving them are met, such as the termination of the employment relationship due to collective redundancy and the transition to a state of unemployment. The period for applying the 40% reduction on contributions made prior to 2007 depends on the fiscal year in which said contingency occurs. In the event that the requirements are met in 2022, the period for applying the transitional regime ends on December 31, 2024.

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