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V2063-17 1 August 2017 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

Retirement contingency for the transitional regime occurs upon accessing total or partial retirement

A query was made regarding when the retirement contingency is deemed to occur for the purpose of applying the 40% reduction to pension plans. The Directorate-General for Security of the Social Security (DGT) responds that, as a general rule, the contingency occurs upon accessing total retirement, unless the collection of partial retirement benefits has commenced.

The question raised

For the purposes of applying the 40 percent reduction provided for in the transitional regime, when is the retirement contingency considered to have occurred.

The DGT's ruling

To apply the transitional regime of the twelfth transitional provision of Law 35/2006, the retirement contingency occurs, as a general rule, at the time of accessing full retirement. However, if the retirement benefit is collected or the collection of the benefit is initiated due to access to partial retirement, the contingency shall be understood to have occurred at that moment.

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