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V1653-23 9 June 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

The period for applying the 40% reduction to pension plans is determined by the moment the contingency occurs (including early collection)

The inquiry concerns the period for applying the 40% reduction under the transitional regime in pension plans. The DGT responds that, if the retirement benefit is collected early following a collective redundancy, the contingency is understood to have occurred at that moment for tax purposes.

The question raised

Question raised: Available period for applying the 40 percent reduction provided for in the transitional regime.

The DGT's ruling

If the retirement benefit is collected early, the contingency occurs when the requirements for said collection are met (termination of the employment relationship due to collective redundancy and unemployment status). The period for applying the 40% reduction to contributions made prior to 2007 depends on this assessment. In the specific case, as the requirements were met in 2022, the period for applying the transitional regime ends on December 31, 2024.

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