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V1824-23 23 June 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

The period for applying the 40% reduction on pension plans is counted from the occurrence of the contingency (early withdrawal)

The inquirer asks when the deadline expires to apply the 40% reduction from the twelfth transitional provision if they collect their pension plan early due to collective dismissal. The DGT responds that, if the retirement benefit is collected early, the contingency is understood to have occurred at the moment the requirements for said collection 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 is received early, the contingency occurs when the requirements for early collection are met, such as the termination of the employment relationship due to collective dismissal and entering a state of unemployment. The period for applying the 40% reduction on contributions made prior to 2007 is counted from that fiscal year. In the specific case, if the contingency occurs in 2022, the period for applying the final transitional regime ends on December 31, 2024.

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