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V1866-17 14 July 2017 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

Possibility of applying the 40% pension plan reduction in different years for different contingencies

The taxpayer asks whether they can apply the 40% reduction to pension plan benefits received due to a spouse's death in a different year from when they applied the reduction to their own retirement benefits. The Directorate General for Taxes (DGT) responds that this is possible because they constitute different contingencies, provided that all legal requirements and deadlines are met.

The question raised

Application of the 40 percent reduction to the capital received from pension plans of which the taxpayer is a beneficiary as a consequence of the death of their spouse. Temporal limit for applying the reduction.

The DGT's ruling

The 40% reduction may only be applied to amounts received as capital within the same tax period. However, the application of this reduction for retirement does not prevent its application in another year to death benefits, as these are distinct contingencies. For contingencies occurring in 2016, the transitional regime only allows the reduction to be applied to benefits received until December 31, 2018.

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