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V1582-23 6 June 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · jubilación anticipada

The period for applying the 40% reduction depends on the tax year in which the contingency occurs

The taxpayer inquires about the period for applying the 40% reduction under the transitional regime regarding a pension plan payout due to unemployment. The DGT responds that, if it can be collected as early retirement, the contingency occurs when the requirements for said collection are met.

The question raised

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

The DGT's ruling

If the possibility of collecting due to long-term unemployment and early retirement occur simultaneously, for tax purposes, it is understood that the retirement benefit is received. The retirement contingency occurs at the moment the requirements for early collection are met, such as the termination of the employment relationship due to collective dismissal. The period for applying the 40% reduction depends on the tax year in which said contingency occurs, pursuant to the twelfth transitional provision of the LIRPF.

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