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V1585-23 6 June 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

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

The inquirer asks when the deadline to apply the 40% reduction under the twelfth transitional provision expires if the retirement benefit is received early due to collective dismissal. The DGT responds that the contingency occurs when the requirements for early withdrawal are met, thereby determining the start of the period.

The question raised

Question posed: Available period 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 said collection are met, such as the termination of the employment relationship due to collective dismissal and the transition to unemployment status. The period for applying the 40% reduction on contributions made prior to 2007 is calculated from that fiscal year. In the specific case, as the requirements were met in 2022, the period expires on December 31, 2024.

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