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V1191-23 9 May 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · planes de pensiones

Deadline for 40% pension plan reduction is 31 December 2024 for early retirement payouts

A taxpayer with contributions made prior to 2007 sought clarification on the deadline to apply the 40% reduction following a collective redundancy. The Directorate General for Taxes (DGT) ruled that, in cases of early retirement, 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 the retirement benefit is collected early, the contingency occurs at the moment the requirements for receiving it are met (termination of the employment relationship due to collective redundancy and unemployment status). The deadline to apply the 40% reduction on contributions made prior to 2007 is the fiscal year of the occurrence or the two following years. In this case, as the requirements were met on January 1, 2022, the deadline ends on December 31, 2024.

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