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V2815-23 16 October 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

Deadline for 40% pension plan reduction is 31 December 2024 if claiming early

An inquiry was made regarding the deadline to apply the 40% reduction for contributions made prior to 2007 following a collective redundancy. The Directorate General for Insurance and Pension Funds (DGT) clarified that if retirement benefits are claimed early due to redundancy, the contingency occurs at the moment 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 received in advance, the contingency occurs when the requirements for early collection are met (termination of the employment relationship due to collective dismissal and unemployment status). In this case, the contingency is understood to have occurred in the fiscal year in which said requirements are met. 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.

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