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V2475-23 14 September 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

Deadline for applying the 40% pension plan reduction depends on the year the contingency occurs

The inquirer asks about the deadline for applying the 40% reduction when redeeming pension plans following a collective redundancy. The DGT rules that if early retirement is claimed due to redundancy, the contingency occurs at the moment of employment termination, and the deadline for the reduction depends on that specific financial year.

The question raised

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

The DGT's ruling

If the retirement benefit due to collective redundancy is received in advance, the contingency occurs when the employment relationship is terminated and the individual enters a state of unemployment. To apply the 40 percent reduction on contributions made prior to 2007, the benefit must be received within the fiscal year of the occurrence or in the two following years. In the case of a dismissal in 2022, the period for applying the reduction ends on December 31, 2024.

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