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V1416-22 16 June 2022 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

The 40% pension plan reduction depends on when retirement is deemed to have occurred

A taxpayer inquired whether they could apply the 40% reduction for contributions made prior to 2007 in 2023, having lost their job in 2013. The DGT explains that if an early unemployment benefit is collected, the contingency occurs at that moment; however, if one waits for retirement, the contingency occurs when retirement is actually accessed.

The question raised

Possibility of applying the 40 percent reduction provided for in the transitional regime.

The DGT's ruling

If the early retirement benefit is received, the contingency occurs when the requirements for early collection are met (termination of the employment relationship and unemployment). If nothing is collected prior to retirement, the contingency occurs upon accessing retirement under the Social Security regime. The period for applying the 40% reduction depends on the date on which said contingency is deemed to have occurred.

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