8.2.7. Contributions to the mutual benefit society for professional athletes
Professional and high-level athletes may make contributions to the fixed-premium social security mutual fund for professional athletes, with the following specialties:
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Professional athletes shall be considered to be those included in the scope of application of Royal Decree 1006/1985, of June 26, which regulates the special employment relationship of professional athletes.
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High-level athletes will be considered those included in the scope of application of RD 971/2007, of July 13, on high-level athletes.
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Annual contributions may not exceed the maximum amount established for pension systems established for the benefit of persons with disabilities, that is, 24,250 euros, including those that have been attributed by the promoters as work income when the latter are made in accordance with the provisions of the First Additional Provision of Royal Legislative Decree 1/2002, of 29 November, 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 high-level athlete is lost under the terms and conditions established by regulation.
However, professional and high-level athletes, even if they have finished 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 system of contributions to social security mutual funds discussed in another section.
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The contingencies that may be covered are those provided for in pension plans in article 8.6 of Royal Legislative Decree 1/2002, of 29 November, approving the revised text of the Law on the Regulation of Pension Plans and Funds. These contingencies are as follows: retirement; total and permanent incapacity for work in the usual profession or absolute and permanent incapacity for any work, and severe disability; death and severe or great dependency of the participant.
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The consolidated rights of members may only be made effective:
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In the cases provided for in article 8.8 of Royal Legislative Decree 1/2002, of November 29, approving the consolidated text of the Law on the Regulation of Pension Plans and Funds
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Additionally, once one year has passed since the end of the working life of professional athletes or since they lose their status as high-level athletes.
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Reduction in the tax base: Contributions, direct or imputed, that meet the above requirements may be subject to a reduction in the tax base up to 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 per year.
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The provision of consolidated rights in cases other than those mentioned above will determine the obligation for the taxpayer to replace the unduly made reductions in the tax base, by filing supplementary declarations-settlements, which will include late payment interest.
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Any amounts received that exceed the amount of contributions made will be taxed as employment income in the tax period in which they are received.
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The benefits received, as well as the receipt of vested rights in cases where they can be made effective, will be taxed in their entirety as employment income.