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V3152-23 4 December 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · contingencia de jubilación

Deadline for 40% pension plan reduction ends 31 December 2024 for early retirement payouts

The inquirer asks about the deadline to apply the 40% reduction to a pension plan following a collective redundancy. The DGT rules that, when taking early retirement, the contingency occurs once the requirements for such payment are met.

The question raised

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

The DGT's ruling

If the retirement benefit is paid in advance, the contingency occurs at the moment the requirements to receive it are met (termination of the employment relationship due to collective redundancy and unemployment status). In this case, the contingency is understood to have occurred in 2022, therefore the period to apply the 40% reduction on contributions made prior to 2007 ends on December 31, 2024. The reduction applies to the portion of the benefit received as a lump sum that corresponds to contributions made up to December 31, 2006.

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