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A query was raised regarding whether a portion of a former Telefónica employee's pension could be exempt from taxation. The DGT has determined that only the part of the pension linked to contributions made to the ITP before 1 January 1979 may benefit from the reduction, as those contributions were not deductible at the time.
Question raised: Taking into account the Resolution of the Central Economic and Administrative Tribunal of July 5, 2017, whether 25 percent of the pension currently received may be exempt from taxation.
The pension must be differentiated according to the contributions to the ITP made before and after January 1, 1979. The second transitional provision of Law 35/2006 applies only to the portion of the pension corresponding to contributions prior to 1979, as these are the only non-deductible ones. If the amount of said contributions is not proven, only 75% of that proportional part of the pension shall be included as income from employment. The remainder of the pension shall be included in its entirety.
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