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V1002-23 25 April 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

The deadline to apply the 40% reduction on pension plans ends on December 31, 2024, if collected early due to dismissal

The inquirer asks about the deadline to apply the 40% reduction in a pension plan following a collective dismissal. The DGT responds that, if the retirement benefit is collected early, the contingency occurs when the requirements for said collection are met (termination of employment and unemployment).

The question raised

Question posed: Available deadline to apply the 40 percent reduction provided for in the transitional regime.

The DGT's ruling

If the retirement benefit is collected early, the contingency occurs at the moment the requirements for early receipt are met. In the case of collective dismissal and unemployment status, the contingency is understood to have occurred at that moment. Therefore, the deadline to apply the 40% reduction on contributions made prior to 2007 ends in the two tax years following that of the occurrence. If the contingency occurs in 2022, the deadline ends on December 31, 2024.

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