How the DGT's position has evolved
Current position
Pension plan benefits are considered income from employment. If received as a lump sum, a 40% reduction applies to the portion of contributions made until December 31, 2006. To qualify, more than two years must have elapsed since the first contribution, and the benefit must be received within the period established by the twelfth transitional provision of the LIRPF (Personal Income Tax Law).
The DGT's position remains constant regarding the core tax treatment. The most recent rulings focus on clarifying the calculation of the periods set out in the twelfth transitional provision and the determination of the retirement contingency for the exercise of this right.
Analysis based on 37 of 40 rulings with a stated position. Updated 15 September 2026.