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V2428-24 26 November 2024 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · régimen transitorio

The 40% reduction on pension plan withdrawals is subject to the transitional regime deadline

A taxpayer asks whether they can apply the 40% reduction to a pension plan withdrawal after having made a partial withdrawal in 2023 without said reduction. The DGT responds that the deadline for applying this transitional regime depends on when the retirement contingency occurred.

The question raised

Possibility of applying the 40 percent reduction provided for in the transitional regime in the next plan redemption.

The DGT's ruling

The 40% reduction on benefits received as a lump sum may be applied to the portion of contributions made until December 31, 2006, provided that it is received within the period established in the twelfth transitional provision of the LIRPF. For contingencies occurring from 2007 onwards, the benefits must be received in the fiscal year in which the contingency occurs or in the two following fiscal years. If retirement occurred in 2021, the period to apply this final transitional regime ended on December 31, 2023.

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