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V1005-23 25 April 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

Deadline for applying the 40% reduction on pension plans via early retirement

An inquiry was made regarding the deadline for applying the 40% reduction to a pension plan following a collective redundancy. The Directorate General for Taxes (DGT) clarifies that, if early retirement is claimed, the contingency occurs when the requirements for such payment 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 to receive them are met, such as the termination of the employment relationship due to collective redundancy. 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 case, as the contingency occurs in 2022, the deadline to apply the transitional regime ends on December 31, 2024.

Apply this to a real case

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

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