Skip to content
Back to index
V1141-25 30 June 2025 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · derechos consolidados

Tax treatment of the early surrender of rights vested for ten years

The DGT confirms that a 40% reduction applies to early access if contributions were made before 2007 and specific payment periods are met.

The question raised

Possibility of the early surrender of vested rights corresponding to contributions with at least ten years of seniority and, subsequently, receiving the plan benefit upon the occurrence of the retirement contingency with the application of the 40 percent reduction provided for in the transitional regime of the Personal Income Tax.

The DGT's ruling

Amounts received for the early surrender of consolidated rights with ten years of seniority are considered income from employment. If received as capital, the 40% reduction may be applied to the portion corresponding to contributions made until December 31, 2006, provided that the seniority and deadline requirements of the twelfth transitional provision of the LIRPF are met. The event of early surrender occurs in the fiscal year in which the seniority is met and is expressly requested. If the reduction for early surrender is applied, it may not be applied again for the same contingency when retirement benefits are received.

Apply this to a real case

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

Email
Contact