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V3351-23 29 December 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · rendimientos del trabajo

Deadline for applying the 40% pension plan reduction via early retirement payments

The inquirer asks about the deadline for applying the 40% reduction to pension plans with contributions made prior to 2007 following a collective redundancy. The DGT rules that, if the benefit is collected through early retirement, the contingency occurs when the requirements for such collection are met.

The question raised

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

The DGT's ruling

If the retirement benefit is collected in advance, the contingency occurs when the requirements for early collection are extinguished (collective dismissal and unemployment). To apply the 40% reduction on contributions made prior to 2007, the benefit must be received during the fiscal year of the occurrence or in the two following years. In this case, as the contingency occurs in 2022, the period ends on December 31, 2024.

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