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V3348-23 29 December 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

Rescuing a pension plan for an amount lower than contributions does not generate a capital loss

A query was made regarding whether the difference between contributions made to a pension plan and the amount redeemed can be considered a capital loss within the savings tax base. The DGT has ruled that such a classification is not possible.

The question raised

Question posed: Given that the amount redeemed from the pension plan is lower than the contributions made to it, whether such reductions can be classified as a capital loss in the Personal Income Tax return and integrated into the savings tax base.

The DGT's ruling

Benefits from pension plans are considered earned income and must be included in the general tax base of the Personal Income Tax (IRPF). The fact that the capital equivalent to the economic rights is lower than the contributions made has no tax impact, therefore the reduction cannot be classified as a capital loss.

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