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V2256-23 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 redeemed within the established legal period

The inquirer asks about the period for applying the 40% reduction to pension plan benefits involving contributions made prior to 2007. The DGT responds that the reduction is applicable to the portion of the benefit corresponding to contributions made up to 2006, provided it is received within the timeframes set by the twelfth transitional provision.

The question raised

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

The DGT's ruling

Pension plan benefits are considered earned income. If received as a lump sum, the 40% reduction may be applied to the portion of the benefit corresponding to contributions made up to December 31, 2006. To do so, more than two years must have elapsed since the first contribution and the benefit must be received within the period specified by the twelfth transitional provision according to the fiscal year in which the contingency occurs. If the contingency occurs in 2022, the period for applying the reduction ends on December 31, 2024.

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

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