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V3053-17 23 November 2017 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

The 40% reduction for retirement can only be applied once per tax period and per contingency

The taxpayer asks whether they can apply the 40% reduction to a pension plan benefit received upon retirement, having already applied said reduction in 2014 for long-term unemployment. The DGT clarifies that if the requirements for retirement benefits are met, this is the contingency considered for tax purposes, and the reduction can only be applied once per tax period.

The question raised

Whether the 40 percent reduction is applicable again to the benefit received as a lump sum from an occupational pension plan due to the contingency of retirement.

The DGT's ruling

If the contingency of retirement and an exceptional case of liquidity occur simultaneously, for tax purposes, the retirement benefit is understood to have been received. The 40% reduction may only be applied to amounts received as a lump sum within the same tax period, limited to the portion of contributions made until December 31, 2006. If the reduction has already been applied in a fiscal year for the same contingency, it may not be applied subsequently.

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