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Form 100. 2020 Personal Income Tax Return Declaration

8.4.2.1. Pension plans

The direct contributions made by participants to Pension Plans in the year, regulated by Royal Legislative Decree 1/2002, of November 29, which approves the revised text of the Law on the Regulation of Pension Plans and Funds, and the contributions made by participants to pension plans regulated in Directive 2003/41/EC of the European Parliament and of the Council, of June 3, 2003, regarding the activities and supervision of occupational pension funds, shall be indicated, excluding contributions from the promoter or promoter companies that have been imputed as employment income.

The contributions corresponding to contributions imputed by the promoter will appear reflected in the data capture window, which the program will have transferred from the completed work income window on page 4, when key "1" General Regime has been selected.

Additional requirements for pension plans regulated by Directive 2003/41/EC (Cross-border contributions within the European Union, art. 51.1.1 Law)

Contributions made by participants to pension plans regulated by Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision, including contributions made by sponsoring companies, may reduce the tax base, provided that the following requirements are met:

  • That contributions are fiscally attributed to the participant to whom the benefit is linked.

  • That the right to receive future benefits is irrevocably transferred to the participant.

  • That the ownership of the resources that comprise said contribution be transferred to the participant.

  • The contingencies covered must be those provided for in article 8.6 of the Revised Text of the Law on the Regulation of Pension Plans and Funds, approved by Royal Legislative Decree 1/2002, of November 29.

If it is made available, in whole or in part, in different cases, the taxpayer must replace the reductions in the tax base that were unduly made, by means of the appropriate supplementary declarations and settlements, including late payment interest. In turn, the amounts received from the early disposition of consolidated rights will be taxed as employment income.