How the DGT's position has evolved
Current position
The contingency of early retirement occurs at the moment when the requirements for its collection are met, such as the termination of the employment relationship due to collective dismissal and the transition to unemployment status. To apply the 40% reduction on contributions made prior to 2007, the benefit must be received in the tax year the contingency occurs or in the following two years. If nothing is received before ordinary retirement, the contingency is understood to have occurred upon accessing retirement through the Social Security.
The DGT's position remains constant regarding the timing of the occurrence of the contingency in cases of early retirement. The 2023 and 2024 rulings reiterate that the period for the 40% reduction is calculated from the tax year in which the requirements for early collection are met. No doctrinal changes are observed, but rather a uniform application of the criterion regarding the calculation of time limits.
Analysis based on 89 of 90 rulings with a stated position. Updated 17 September 2026.