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V1596-23 6 June 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

The deadline to apply the 40% reduction in pension plans depends on the fiscal year in which the requirements for early collection are met

A query is made regarding when the deadline to apply the 40% reduction under the transitional regime in pension plans expires following a collective redundancy. The DGT responds that, if retirement benefits are collected early, the contingency occurs when the requirements for said collection 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

If retirement benefits are received early, the contingency occurs at the moment the requirements for early collection are met, such as the termination of the employment relationship due to collective redundancy. In this case, the contingency is understood to have occurred in the fiscal year in which said requirements are met. The deadline to apply the 40% reduction on contributions made prior to 2007 expires according to the terms of the twelfth transitional provision of the LIRPF.

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