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V2979-23 14 November 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · régimen transitorio

The 40% reduction for contributions made prior to 2007 may be applied across several tax years if received from different plans

The taxpayer asks whether they can transfer half of their pension plan to a new one to redeem each in a different tax year and apply the 40% reduction to both. The DGT indicates that the reduction may be applied to benefits from different plans in different tax years, but warns that if the transfer is carried out solely for tax savings purposes, it could be considered a simulation or a conflict in the application of the rule.

The question raised

Question posed: Possibility of applying the reduction provided for in the transitional regime in two tax years if half of the consolidated rights of their pension plan are transferred to a new plan and each pension plan is redeemed as a lump sum in two different tax years.

The DGT's ruling

The 40% reduction under the transitional regime may be applied to benefits received as a lump sum from various pension plans in the tax year of the contingency and in the two following years. However, if the transfer of consolidated rights from a single plan to new ones is carried out with the exclusive purpose of applying the reduction across several tax years, the Administration could apply the doctrines of simulation or conflict in the application of the rule.

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