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V2524-24 10 December 2024 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · planes de pensiones

Advance pension rights for 10-year plans from 2025: 40% DT 12th LIRPF reduction criteria

A group of IIC and pension funds asks about the tax regime for early withdrawal of consolidated pension rights from contributions with at least 10 years' age, available from 1 January 2025. The DGT confirms that a 40% reduction of the 12th DT LIRPF applies if the payment is made as a lump sum; the event is considered to have occurred when the 10-year period is completed and the participant expressly requests the early withdrawal; the transitional regime may apply in that year or the two following years.

The question raised

Question raised The taxpayer raises several questions which are detailed in the body of the response.

The DGT's ruling

Amounts received due to early withdrawal under art. 8.8 TRLRPFP are subject to the same tax treatment as pension plan benefits (income from employment, art. 17.2.a.3 LIRPF). The 40% reduction under DT 12 LIRPF is applicable if received as a lump sum, with contributions made prior to 31/12/2006, within the fiscal year of occurrence or the following two years. The event occurs when 10 years of seniority are met AND the participant expressly requests the withdrawal (DGSFP criterion). If it coincides with the occurrence of a contingency, the tax treatment of the contingency prevails. If it coincides with an exceptional liquidity event (serious illness or long-term unemployment), the reduction may be applied to both cumulatively within the prescribed timeframes.

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