How the DGT's position has evolved
Current position
Pension plan benefits are considered income from employment. The 40% reduction provided in the twelfth transitional provision of Law 35/2006 on Personal Income Tax (IRPF) applies to the portion of the benefit corresponding to contributions made until December 31, 2006. For its application, the benefit must be received within the legal timeframes established according to the year in which the contingency occurred.
The DGT's position remains stable regarding the tax treatment of benefits and the application of the 40% reduction. Recent rulings have specified the moment the contingency occurs in cases of early withdrawal due to seniority or early retirement to determine the calculation of the legal timeframes.
Turning points
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Specifies that if collected early, the contingency occurs when the requirements for said collection are met.
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Clarifies that in early retirement, the contingency occurs upon meeting the requirements (such as dismissal or being 60 years old), whereas if there are no previous collections, it occurs upon accessing Social Security retirement.
Analysis based on 39 of 40 rulings with a stated position. Updated 15 September 2026.