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V2677-23 2 October 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

Deadline for applying the 40% pension plan reduction following early retirement

The inquirer asks about the deadline for applying the 40% reduction to a pension plan following a collective redundancy. The DGT rules that if retirement is claimed early due to redundancy, the contingency occurs at the moment of employment termination and unemployment, setting the collection deadline based on that date.

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 is collected in advance, the contingency occurs when the requirements for early collection are met (termination of employment due to collective dismissal and unemployment status). To apply the 40% reduction on contributions made prior to 2007, the benefit must be received during the fiscal year of the occurrence or in the two following years. In this case, as the contingency occurs in 2022, the period ends on December 31, 2024.

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