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V3421-15 10 November 2015 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · base imponible

Pension plan contributions after retirement only reduce taxable income if allocated to death or disability contingencies

A query was raised regarding whether the reduction in the personal income tax (IRPF) taxable base can be applied to contributions made to a pension plan after retirement. The Directorate General for Tax Assurance (DGT) indicates that, once retirement benefits have been collected, contributions can only be allocated to death or disability contingencies to remain tax-deductible.

The question raised

Possibility of applying, in the 2015 fiscal year and subsequent years, the reduction in the taxable base provided for in Article 51 of the Personal Income Tax Law to the amounts contributed to the second pension plan.

The DGT's ruling

From the commencement of the receipt of retirement benefits, contributions to the pension plan may only be allocated to the contingencies of death and disability. To the extent that the contributions comply with the foregoing, they may be subject to a reduction in the general taxable base of the Personal Income Tax (IRPF) in accordance with Article 51.1.1 of Law 35/2006, respecting the limits set forth in Articles 50 and 52.

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