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V1586-23 6 June 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

The period for applying the 40% reduction on pension plans is calculated from the early collection due to dismissal

The inquirer asks when the deadline expires to apply the 40% reduction provided in the twelfth transitional provision if they collect their pension plan due to collective dismissal. The DGT responds that, if retirement is collected early due to dismissal, the contingency occurs at that moment and the period for the reduction is calculated from that fiscal year.

The question raised

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

The DGT's ruling

If the retirement benefit is received early due to the termination of the employment relationship and unemployment, the contingency occurs at the moment those requirements are met. The period for applying the 40% reduction on contributions made prior to 2007 is calculated from the fiscal year in which said contingency occurs. In the case of a dismissal in 2022, the period for applying the transitional regime ends on December 31, 2024.

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