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V1638-20 27 May 2020 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

Possibility of applying the 40% reduction on pension plans through early retirement collection

The consultant asks whether they can apply the 40% reduction to a pension plan following a collective redundancy. The DGT responds that, if the plan allows for early collection due to retirement, the amounts are considered retirement benefits and may qualify for the reduction under legal requirements.

The question raised

Possibility of applying the 40 percent reduction.

The DGT's ruling

If the retirement benefit is received in advance, for tax purposes, the contingency is considered to occur when the requirements for said collection are met. If the benefit is received as a lump sum, the 40% reduction may be applied to the portion corresponding to contributions made until December 31, 2006. This reduction requires that more than two years have elapsed since the first contribution and that it is received within the period specified in the twelfth transitional provision.

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