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V2048-22 22 September 2022 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · régimen transitorio

The 40% reduction in pension plans cannot be applied if the contingency occurred in 2018 and is received in 2021

A taxpayer asks whether they can apply the 40% reduction for contributions made prior to 2007 in a pension plan where the contingency (retirement) occurred in 2018, but they were unable to collect it until 2021 due to a judicial freeze. The DGT responds that the period for applying said transitional regime for contingencies occurring in 2018 ended on December 31, 2020.

The question raised

Possibility of applying the 40 percent reduction provided for in the transitional regime.

The DGT's ruling

The 40% reduction for contributions made until December 31, 2006, can only be applied if the benefit is received within the period established in the twelfth transitional provision of the LIRPF. For contingencies occurring in 2018, the period to receive benefits and apply the transitional regime ends on December 31, 2020. As the benefit is received in 2021, it is not possible to apply the reduction.

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