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V3352-23 29 December 2023 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · movilización de derechos

Transferring pension plan rights between plans has no tax consequences under regulatory conditions

The applicant inquires about the tax implications of transferring pension plan rights to another plan and subsequently withdrawing them as an annuity. The DGT indicates that the transfer is not taxable if regulatory conditions are met, and that the subsequent withdrawal is treated as employment income.

The question raised

Tax consequences of mobilizing economic rights to another pension plan.

The DGT's ruling

The mobilization of economic rights between the social security systems of the Personal Income Tax Law shall have no tax consequences provided that it is carried out under the cases and conditions established by regulation. On the other hand, benefits received by pension plan beneficiaries shall be considered earned income.

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