Skip to content
Back to index
V2255-23 27 July 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

The 40% reduction on pension plans may be applied if the early retirement contingency occurs within the legal period

The inquirer asks whether the 40% reduction for contributions made prior to 2007 can be applied when collecting a pension plan due to long-term unemployment. The DGT responds that, if the collection is due to early retirement (resulting from collective dismissal), the contingency occurs when the requirements for said collection are met and the period established in the transitional provision must be respected.

The question raised

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

The DGT's ruling

If the benefit is received due to early retirement, the contingency occurs when the requirements for said collection are met (such as the termination of the employment relationship due to collective dismissal). To apply the 40% reduction on contributions made until December 31, 2006, the benefit must be received within the period established in the twelfth transitional provision of the LIRPF. If the contingency occurs in 2018, the period for applying this final transitional regime ends on December 31, 2020.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

Email
Contact