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V2673-23 2 October 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

Deadline for 40% pension plan reduction ends 31 December 2024 if claimed early due to dismissal

An inquiry was made regarding the deadline to apply the 40% reduction to pension plan benefits following a collective redundancy. The Directorate General for Taxes (DGT) clarified that if benefits are claimed early due to the termination of the employment relationship, the contingency is deemed to have occurred at that specific moment.

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 paid in advance, the contingency occurs when the requirements for said payment are met. In this case, the contingency is understood to have occurred in 2022. Therefore, to apply the 40% reduction on contributions made prior to 2007, the benefit must be received in the fiscal year of the occurrence or in the two following years, with the period ending on December 31, 2024.

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