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V2399-24 25 November 2024 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · régimen transitorio

The 40% pension plan reduction may be applied in different tax years depending on the contingency

The inquirer asks whether the 40% reduction provided for in the twelfth transitional provision can be applied across two different tax years when redeeming two pension plans following a recognised disability. The Directorate-General for Taxes (DGT) responds that it is possible to apply the reduction to the portion of contributions made up to 2006 for each plan, provided they are received within the legal timeframe.

The question raised

Calculation of the period for the application of the reduction under the transitional regime. Possibility of redeeming two pension plans in two different fiscal years with the possibility of applying the 40 percent reduction provided for in the transitional regime.

The DGT's ruling

The 40% reduction may be applied to the benefit received as a lump sum for each pension plan, within the period established by the twelfth transitional provision, and not limited to a single fiscal year. The period for applying this regime depends on the fiscal year in which the contingency occurred. In this case, as a total disability was recognized in 2018, the period for applying the reduction expired on December 31, 2020.

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