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V0908-23 18 April 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · jubilación anticipada

Deadline for applying the 40% reduction on pension plans in the event of early retirement due to dismissal

The consultant inquires about the deadline for applying the 40% reduction on a pension plan following a collective dismissal. The DGT responds that, if early retirement benefits are collected, the contingency occurs when the requirements for said collection are met.

The question raised

Question posed: Available deadline to apply 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 (termination of the employment relationship due to collective dismissal and unemployment status). To apply the 40% reduction to contributions made prior to 2007, the benefit must be received in the fiscal year of the occurrence or in the two following years. In this specific case, as the requirements were met in 2022, the deadline expires on December 31, 2024.

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What is published here, applied to a company or a specific case. The first meeting is free.

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