How the DGT's position has evolved
Current position
Amounts received from the early surrender of vested rights are considered income from employment. If received as capital, the 40% reduction applies to the portion of contributions made until December 31, 2006. The period for applying said reduction depends on the tax year in which the contingency occurs, which is determined according to the nature of the surrender.
The DGT's position remains constant regarding the treatment of these amounts as income from employment and the application of the 40% reduction for contributions made prior to 2007. Recent rulings clarify the timing of the occurrence of the contingency for the calculation of legal deadlines, especially in cases of liquidity due to seniority or unemployment.
Turning points
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Establishes that if early retirement and exceptional liquidity occur simultaneously, the tax contingency is that of retirement.
Analysis based on 56 of 57 rulings with a stated position. Updated 16 September 2026.