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V1932-23 5 July 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

The deadline to apply the 40% reduction on pension plans ends on December 31, 2024, if collected early due to dismissal

A person who suffered a collective dismissal and entered unemployment in 2022 inquires when the deadline to apply the 40% reduction for contributions made prior to 2007 expires. The DGT responds that, by collecting retirement early due to the dismissal, the contingency occurs in 2022 and the deadline for the reduction ends in 2024.

The question raised

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

The DGT's ruling

If the retirement benefit is collected early due to the termination of the employment relationship and unemployment, the contingency occurs when those requirements are met. For contingencies occurring in 2022, the transitional regime for the 40% reduction can only be applied in the fiscal year of occurrence or in the two following years. Therefore, the deadline to apply said reduction ends on December 31, 2024.

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