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V2668-23 2 October 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

Potential application of the 40% reduction to pension plan benefits for early retirement

A participant with contributions made prior to 2007 sought clarification on the tax treatment of their pension plan redemption following a collective redundancy. The Directorate General for Taxes (DGT) clarifies that, if retirement benefits are collected early, the contingency occurs when the requirements for such collection are met.

The question raised

Question posed: Tax treatment of benefits received from a pension plan corresponding to contributions made prior to 2007.

The DGT's ruling

Pension plan benefits are considered income from employment. If retirement is taken early due to collective redundancy, the contingency occurs when the employment relationship is terminated and the individual enters a state of unemployment. To apply the 40% reduction to contributions made prior to 2007, the benefit must be received within the period established in the twelfth transitional provision of the LIRPF.

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