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V1571-23 6 June 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

The period for applying the 40% reduction in pension plans is counted from the occurrence of the contingency via early withdrawal

A query is made regarding when the deadline to apply the 40% reduction under the transitional regime expires if pension plan benefits are received via early withdrawal due to retirement following a collective dismissal. The DGT responds that the contingency occurs when the requirements for early withdrawal are met.

The question raised

Question posed: Available period to apply the 40 percent reduction provided for in the transitional regime.

The DGT's ruling

The retirement contingency generally occurs upon accessing Social Security retirement, but if collected early, the contingency occurs when the requirements for said collection are met (termination of the employment relationship due to collective dismissal and unemployment status). The period for applying the 40% reduction on contributions made prior to 2007 depends on the fiscal year in which the contingency occurs. If the contingency occurs in 2022, the period to receive the benefit with the reduction expires on December 31, 2024.

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