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V2269-23 27 July 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

The deadline to apply the 40% reduction on pension plans ends on December 31, 2024, if collected early due to dismissal

The consultant inquires about the deadline to apply the 40% reduction on the redemption of a pension plan following a collective dismissal. The DGT responds that, if the retirement benefit is collected early, the contingency occurs when the requirements for said collection are met.

The question raised

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

The DGT's ruling

If the retirement benefit is collected early, the contingency occurs at the moment the requirements for its early collection are met, such as the termination of the employment relationship due to collective dismissal and the transition to a state of unemployment. In this case, the contingency is understood to have occurred in the fiscal year in which said requirements are met. The deadline to apply the 40% reduction on contributions made prior to 2007 ends in the corresponding fiscal year or in the following two.

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