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V1650-23 9 June 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

The 40% reduction on pension plan benefits may be applied to contributions made until 2006

A query is made regarding the possibility of applying the 40% reduction under the transitional regime to pension plan benefits. The DGT clarifies that this is possible for the portion of the benefit corresponding to contributions made until December 31, 2006, provided that the legal deadlines and requirements are met.

The question raised

Question posed: Possibility of applying the 40 percent reduction provided for in the transitional regime.

The DGT's ruling

Benefits from pension and insured welfare plans are considered income from employment. If received as a lump sum, the 40% reduction may be applied to the portion of the benefit corresponding to contributions made until December 31, 2006. To this end, more than two years must have elapsed since the first contribution and the benefit must be received within the period established in the twelfth transitional provision of the LIRPF. This reduction may be applied to each plan individually if received as a lump sum.

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