8.4.4. Contributions to social security systems established for the benefit of people with disabilities
Contributions made to Pension Plans, Mutual Social Security Societies, Insured Social Security Plans, Business Social Security Plans and insurance that exclusively cover the situation of dependency in favor of people with a degree of physical or sensory disability equal to or greater than 65% (or taxpayers whose incapacity has been declared judicially, even if it does not reach said degree), mental disability equal to or greater than 33% may be subject to a reduction in the tax base.
Contributions may be made by the participating disabled person themselves, as well as by persons who have a direct or collateral relationship with them up to the third degree inclusive, as well as by their spouse or those who have them under guardianship or foster care. In these latter cases, persons with disabilities must be designated as beneficiaries in a unique and irrevocable manner for any contingency. However, the death of a disabled person may give rise to the right to widowhood, orphanhood or benefits for those who have made contributions in favour of the disabled person in proportion to their contribution.
These contributions will not be subject to Inheritance and Gift Tax.
Maximum reduction limit
Contributions made may be subject to a reduction in the general tax base of Personal Income Tax with the following maximum limits:
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Contributions made by the disabled person
Annual contributions made by participating disabled persons may reduce the tax base up to a limit of 24,250 euros per year.
When there have been contributions imputed by the promoter to this special regime, the contributions imputed to the taxpayer in the 2019 fiscal year that the program will have transferred from the work income window will appear in the corresponding box.
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Contributions made by relatives or guardians of the disabled person.
The maximum annual contributions made by persons other than the participating disabled person on his/her behalf may reduce the tax base of those who make them with a limit of 10,000 euros per year. This is without prejudice to the contributions that may be made to their own social security systems, in accordance with the conditions and limits established in general terms.
Joint limit
The total reductions made by all persons who make contributions in favour of the same disabled person, including their own contributions, may not exceed 24,250 euros per year.
For these purposes, when several contributions are made in favour of the disabled person, the contributions made by the disabled person themselves must first be subject to reduction and only if they do not reach the limit of 24,250 euros indicated, may the contributions made by other persons in their favour be subject to reduction in their tax base, proportionally, without in any case the total of the reductions made by all the persons who make contributions in favour of the same disabled person being able to exceed 24,250 euros.
Request for reduction
Participants, mutual members or insured persons may request that the amounts contributed, including, where applicable, the promoter's contributions that have been imputed to them, which could not be subject to reduction in the tax base due to insufficiency thereof, be reduced in the following five years.
The program will transfer the unapplied contributions and contributions to the corresponding section of Annex C.3