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V2259-23 27 July 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · régimen transitorio

Deadline for applying the 40% reduction on pension plans through early retirement

A taxpayer with contributions made prior to 2007 wishes to know the deadline for applying the 40% reduction following a collective redundancy. The DGT responds that, if early retirement is collected, the contingency occurs when the requirements for said collection are met.

The question raised

Question posed 1. Available deadline to apply the 40 percent reduction provided for in the transitional regime.

The DGT's ruling

If early retirement is collected due to collective redundancy, the contingency occurs when the employment relationship is terminated and the individual enters a state of unemployment. To apply the 40% reduction to contributions made prior to 2007, the benefit must be received in the fiscal year of the occurrence or in the two following years. In the case of contingencies in 2022, the deadline to apply the transitional regime ends on December 31, 2024.

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