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V2802-18 25 October 2018 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · régimen transitorio

Deadline for applying the 40% reduction to pension plans for retirement contingencies in 2014

A taxpayer asks whether they can apply the transitional 40% reduction regime to their pension plan after having undergone partial retirement in 2009 and full retirement in 2014. The Directorate General of Taxes (DGT) responds that, for tax purposes, the retirement contingency is full retirement, unless the partial retirement benefit has already been collected.

The question raised

Application of the transitional regime provided for in the 12th DT of the LIRPF.

The DGT's ruling

The 40% reduction is applicable to the portion of the benefit corresponding to contributions made until December 31, 2006, provided that it is received within the timeframes set forth in the twelfth transitional provision of the LIRPF. The retirement contingency occurs, as a general rule, at the moment of accessing full retirement, unless the collection of partial retirement benefits has commenced previously. In this case, upon accessing full retirement in 2014, the period for applying the transitional regime ends on December 31, 2022.

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