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V1092-16 17 March 2016 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · planes de pensiones

The application year for the 40% pension scheme reduction cannot be changed once the tax filing deadline has passed

A taxpayer sought to cancel a 40% reduction applied in 2014 to apply it to other benefits in a subsequent year. The Directorate General of Taxes (DGT) ruled that, as the filing period for that tax year has expired, the option can no longer be rectified.

The question raised

Possibility of modifying the tax period for the application of said reduction.

The DGT's ruling

The 40% reduction for benefits paid in a lump sum may only be applied to amounts received in a single year, at the taxpayer's discretion, regarding the portion of contributions made up to December 31, 2006. According to the General Tax Law, options exercised in a tax return cannot be subsequently rectified, unless the rectification is submitted within the regulatory filing period. Therefore, if the filing period for the chosen fiscal year has already expired, it is not possible to change the option.

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