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Form 100. Personal Income Tax Declaration 2023

8.2.7. Contributions to the social security mutual fund for professional athletes

Professional and high-level athletes may make contributions to the social security mutual fund at a fixed premium for professional athletes, with the following specialties:

  • Professional athletes will be considered those included in the scope of application of Royal Decree 1006/1985, of June 26, which regulates the special employment relationship of professional athletes.

  • High-level athletes will be considered those included in the scope of application of RD 971/2007, of July 13, on high-level athletes.

  • The annual contributions may not exceed the maximum amount established for the pension systems established in favor of people with disabilities, that is, 24,250 euros, including those that would have been attributed by the promoters as work income when these are made. The latter in accordance with the provisions of the first Additional Provision of Royal Legislative Decree 1/2002, of November 29, which approves the consolidated text of the Law on the Regulation of Pension Plans and Funds.

    Contributions to this special regime will not be accepted once the working life as a professional athlete ends or the status of a high-level athlete is lost under the terms and conditions established by regulation.

    However, professional and high-level athletes, even if they have ended their working life as professional athletes or have lost their status as high-level athletes, may make contributions to this mutual fund in accordance with the general regime for contributions to social security mutual funds discussed in another section.

  • The contingencies that may be subject to coverage are those provided for pension plans in article 8.6 of Royal Legislative Decree 1/2002, of November 29, which approves the consolidated text of the Law on the Regulation of Plans and Pension funds. These contingencies are the following: retirement; total and permanent work incapacity for the usual profession or absolute and permanent for all work, and severe disability; death and severe dependency or great dependency of the participant.

  • The consolidated rights of mutual members may only be made effective:

    1. In the cases provided for in article 8.8 of Royal Legislative Decree 1/2002, of November 29, which approves the consolidated text of the Law on the Regulation of Pension Plans and Funds

    2. Additionally, once one year has passed since the professional athletes' working life ends or after they lose their status as high-level athletes.

  • Reduction in the tax base: Contributions, direct or imputed, that meet the above requirements may be subject to a reduction in the tax base with the limit of the sum of the net income from work and economic activities received individually in the year and up to a maximum amount of €24,250. annual.

  • The provision of consolidated rights in cases other than those mentioned above will determine the obligation for the taxpayer to replace the reductions unduly made in the tax base, with the practice of complementary declarations-settlements, which will include late payment interest.

  • The amounts received that exceed the amount of the contributions made will be taxed as income from work in the tax period in which they are received.

  • The benefits received, as well as the perception of consolidated rights in the cases in which they can be made effective, will be taxed in their entirety as income from work.

  1. 8.2.7.1. Completion