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V5063-26 23 June 2026 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · plan de previsión asegurado

Jubilación contingency triggers 40% reduction upon pension resumption

The consultant asks when the contingency of retirement occurs to apply the 40% reduction in a protected pension plan, as their pension is suspended due to employment incompatibility. The DGT responds that the retirement contingency occurs at the time of accessing retirement, or, if the pension payment is suspended, when the pension is resumed.

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

The retirement contingency occurs, as a general rule, at the time of accessing retirement. If the collection of the retirement benefit does not commence or is suspended, the contingency shall be understood to have occurred at the time when the receipt of the Social Security pension is reinstated. This determines the fiscal year in which the transitional regime and the 40% reduction on contributions made until 2006 are applied.

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