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V1589-23 6 June 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

The deadline for applying the 40% reduction to pension plans is determined by the moment the contingency occurs (including early withdrawal)

The inquirer asks when the deadline to apply the 40% reduction under the transitional regime expires if they receive their pension plan through early retirement withdrawal following a collective redundancy. The DGT responds that the contingency is understood to have occurred at the moment the requirements for early withdrawal are met.

The question raised

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

The DGT's ruling

If the retirement benefit is withdrawn early, the contingency occurs when the requirements for said withdrawal are met, such as the termination of the employment relationship due to collective redundancy and the transition to a state of unemployment. The deadline to apply the 40% reduction on contributions made prior to 2007 depends on the fiscal year in which this contingency occurs. In the event that the requirements are met in 2022, the deadline to receive the benefit with the reduction expires on December 31, 2024.

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