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V5001-26 25 May 2026 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · derechos consolidados

40% reduction possible for early pension contributions under specific conditions

The consultant asks whether a 40% reduction under the transitional regime applies to early withdrawal of contributions with ten years of service, followed by retirement. The DGT responds that the reduction applies if conditions and timeframes are met, but cannot be applied twice for the same contingency.

The question raised

Question posed: Possibility of applying the 40 percent reduction provided for in the transitional regime through the early surrender of consolidated rights corresponding to contributions held for at least ten years and, subsequently, due to the occurrence of the retirement contingency.

The DGT's ruling

The 40% reduction provided for in the twelfth transitional provision of the Personal Income Tax Law (LIRPF) is applicable to amounts received as capital through the early surrender of rights held for at least ten years. To determine the period of receipt, the contingency occurs in the tax year in which the required seniority is met and the surrender is requested. If the reduction is applied upon early surrender, it may not be applied again due to a subsequent retirement contingency.

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