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V2814-23 16 October 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

Deadline for applying the 40% reduction on pension plans 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 early retirement is claimed due to redundancy, the contingency occurs once the requirements for such payment are met.

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 paid in advance, the contingency occurs when the requirements to receive it are met (termination of the employment relationship due to collective dismissal and unemployment status). To apply the 40 percent 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. In this case, as the contingency occurs in 2022, the period ends on December 31, 2024.

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