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V1795-23 21 June 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

The deadline for the 40% pension plan reduction starts from early collection due to redundancy

The inquiry asks when the deadline to apply the 40% reduction under the transitional regime expires if a pension plan is collected due to long-term unemployment. The DGT clarifies that if the collection is an advance on retirement due to collective redundancy, the contingency occurs when the requirements for that advance are met.

The question raised

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

The DGT's ruling

If the retirement benefit due to termination of employment and legal unemployment is received in advance, the contingency occurs at that moment. The period for applying the 40% reduction provided in the twelfth transitional provision of the Personal Income Tax Law (LIRPF) is counted from the fiscal year in which said contingency occurs. In the case of an advance payment for dismissal in 2022, the period for applying the reduction expires on December 31, 2024.

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