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V1637-20 27 May 2020 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

If retirement is collected in advance, the tax contingency is retirement and not unemployment

The consultant asks whether the early collection of their pension plan should be classified as a retirement contingency or as long-term unemployment. The DGT responds that, if the requirements for early retirement collection are met, the contingency is considered to be retirement for tax purposes.

The question raised

Question raised 1. Whether the benefits received prior to retirement would be received due to the retirement contingency or due to the exceptional case of liquidity for long-term unemployment.

The DGT's ruling

If the retirement contingency and the exceptional case of liquidity due to unemployment occur simultaneously, for tax purposes, the benefit is perceived as the contingency. In the case of early retirement collection, the contingency occurs when the requirements to receive it are met, such as the termination of the employment relationship due to an ERE (Employment Regulation Procedure). This determines the period for applying the transitional regime of the twelfth transitional provision of the LIRPF.

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