Skip to content
Back to index
V2904-21 18 November 2021 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · base imponible

Pension scheme contributions exceeding maximum limits cannot be carried forward to subsequent tax years

The taxpayer asks whether pension scheme contributions made in 2021 that could not be deducted due to exceeding legal limits can be deducted in following years. The Directorate General for Taxes (DGT) responds that while it is permitted to carry forward amounts that could not be deducted due to insufficient taxable income or exceeding percentage limits, this does not apply to contributions that exceed the absolute maximum contribution limits.

The question raised

Possibility of reducing the contributions made in the year 2021 in the tax base of subsequent tax years.

The DGT's ruling

The Personal Income Tax Law (LIRPF) allows for the reduction in the following five tax years of contributions that could not be subject to reduction due to insufficient tax base or due to the application of the percentage limit set forth in Article 52.1. However, this rule does not apply to contributions that exceed the maximum limits provided for in paragraph 6 of Article 51. Therefore, the regulations do not provide for the carryover to subsequent tax years of amounts contributed in circumstances other than those established in Article 52.1.

Book your free first meeting