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V3354-23 29 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 if claimed early due to redundancy

A taxpayer with pension plans containing contributions made prior to 2007 has enquired about the deadline for applying the 40% reduction. The Directorate General of Taxes (DGT) has clarified that, if the payout is an early withdrawal due to collective redundancy, the contingency occurs when the requirements for such a withdrawal 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 paid in advance following a collective dismissal, the contingency occurs when the requirements to receive it are met. To apply the 40% reduction on contributions made prior to 2007, the benefit must be received in the fiscal year of the occurrence or in the two following years. In this case, as the requirements were met in 2022, the period expires on December 31, 2024.

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