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V3356-23 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

The inquirer asks when the deadline expires to apply the 40% reduction on contributions made prior to 2007 following a collective redundancy. The DGT rules that if retirement benefits are claimed early due to redundancy, the contingency occurs at the moment the requirements for such early payment 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 due to collective redundancy is received in advance, the contingency occurs when the requirements for early collection are met. In this case, the contingency is understood to have occurred in the fiscal year in which the employment relationship is terminated and the individual enters a state of unemployment. The period for applying the 40% reduction provided in the twelfth transitional provision is two fiscal years following the year of occurrence. If the contingency occurs in 2022, the period expires on December 31, 2024.

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