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V1549-22 28 June 2022 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

The 40% reduction for contributions made before 2007 can only be applied within a single tax year

A long-term unemployed taxpayer inquired about the deadline for applying the 40% reduction when redeeming a pension plan. The DGT clarified that if the redemption is classified as retirement, the period for applying the transitional regime for contributions made before 2006 ends two tax years after the contingency occurs.

The question raised

Available period to apply the 40% reduction in the redemption of the pension plan.

The DGT's ruling

If a retirement contingency and a case of exceptional liquidity occur simultaneously, for tax purposes, the retirement benefit is understood to have been received. The 40% reduction for contributions made until December 31, 2006, can only be applied to amounts received as a lump sum within the same tax period. The transitional regime can only be applied in the fiscal year in which the contingency occurs or in the two following fiscal years.

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