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V1943-23 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

The consultant inquires about the deadline to apply the 40% reduction on the redemption of a pension plan following a collective dismissal. The DGT responds that, if the benefit is collected early due to the termination of the employment relationship, the contingency is deemed to have occurred at that moment.

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 received early due to collective dismissal and unemployment, the contingency occurs when those requirements are met. To apply the 40% reduction on contributions made prior to 2007, the benefit must be received in the fiscal year of occurrence or in the two following years. In this case, as the contingency occurred in 2022, the deadline ends on December 31, 2024.

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