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V2978-23 14 November 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

Deadline for applying the 40% reduction on pension plans due to early retirement

The consultant inquires about the deadline for applying the 40% reduction in a pension plan following a collective redundancy. The DGT responds that, if early retirement benefits are collected, the contingency occurs when the requirements for said collection are met.

The question raised

Question posed: Available deadline to apply the 40 percent reduction provided for in the transitional regime.

The DGT's ruling

If retirement benefits are collected early, the contingency occurs at the moment the requirements for receiving them are met (termination of the employment relationship due to collective redundancy and unemployment status). To apply the 40% reduction to 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 deadline ends on December 31, 2024.

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