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V1610-19 27 June 2019 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · aportaciones a planes de pensiones

Pension scheme contributions exceeding legal limits cannot be carried forward to future tax years

The taxpayer inquired whether contributions to a pension scheme that could not be deducted in 2018 due to exceeding the legal limit could be carried forward to subsequent years. The Directorate General for Taxes (DGT) ruled that only amounts that could not be deducted due to insufficient taxable income or because they exceeded the established percentage limit may be carried forward.

The question raised

Possibility of carrying over the entirety of the reduction corresponding to the 2018 fiscal year to a subsequent fiscal year.

The DGT's ruling

Article 52.2 of Law 35/2006 allows the carryover to the following five fiscal years of contributions that could not be deducted due to insufficient taxable base or due to the application of the percentage limit. The regulations do not provide for the carryover of amounts contributed in circumstances other than those specified in said article. Therefore, if the contribution is within the legal limits but is not deducted in the fiscal year of the contribution, it cannot be carried over to subsequent fiscal years.

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