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V3441-19 16 December 2019 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · régimen transitorio

Determination of when retirement contingency occurs for applying the 40% reduction in pension plans

A consultant asks when the retirement contingency is deemed to occur for the purpose of applying the 40% reduction to contributions made prior to 2007 while in active retirement. The DGT rules that the contingency occurs upon accessing initial retirement or, if the plan benefit is not being drawn, when the full pension payment is reinstated.

The question raised

For the purposes of applying the 40 percent reduction provided for in the transitional regime, when is the retirement contingency considered to have occurred.

The DGT's ruling

To apply the transitional regime, the retirement contingency occurs, as a general rule, at the time of accessing initial retirement. However, if the collection of the pension plan benefit is not initiated while active retirement lasts, the contingency shall be understood to occur when the full collection of the Social Security pension is reinstated.

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