How the DGT's position has evolved
Current position
Pension plan benefits are considered income from employment. The 40% reduction under the transitional regime applies to the portion of the benefit corresponding to contributions made until December 31, 2006, provided it is received as a lump sum and within the time limit established according to the period of the contingency. The reduction does not apply to contributions made after said date.
The DGT's position remains constant regarding the nature of the benefits and the scope of the 40% reduction. The evolution shows greater precision regarding the time limits for applying said reduction and a warning against the transfer of rights with the sole purpose of applying the tax benefit.
Turning points
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Warns that the transfer of rights from a single plan to others with the exclusive purpose of applying the reduction could be considered simulation or commingling of assets.
Analysis based on 48 of 51 rulings with a stated position. Updated 16 September 2026.