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V2486-23 14 September 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · jubilación anticipada

The 40% reduction on pension plans may be applied if the benefit is received due to early retirement

The inquirer asks about the deadline to apply the 40% reduction on a pension plan following a collective redundancy. The DGT responds that, if early retirement is collected due to dismissal, the contingency occurs when the requirements for such 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 when the requirements to receive it are met (termination of the employment relationship due to collective redundancy and unemployment status). 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 is the fiscal year of occurrence or the two following years.

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