8.4.7. 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:
Subjective scope
The status of member and insured will, in all cases, fall on the professional or high-level athlete.
Professional sportsmen
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.
High-level 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.
Contributions
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.
Contingencies
The contingencies that may be covered are those provided for in pension plans in article 8.6 of Royal Legislative Decree 1/2002, of November 29, 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.
Consolidated rights provision
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.
Tax regime
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Reduction in the tax base
Direct or imputed contributions that meet the above requirements may be subject to a reduction in the tax base of Personal Income Tax, 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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Consolidated rights provision
The disposal 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.
In turn, 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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Benefits received
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.
Completion
This special regime applies independently of the general regime discussed in the section "Contributions and contributions to social security systems. "General regime".
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Contributions made directly by the professional athlete will be recorded.
Business contributions to pension plans, mutual social security funds, and company social security plans, except for collective dependency insurance, which, where applicable, have been charged to you, will be reflected in the data capture window for work income by also selecting key 3.
The data entered will be transferred by the program to the section of the window for contributions to social security systems.
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Taxpayers who were unable to reduce all of their direct or imputed contributions made in the years 2016 to 2020 due to exceeding the maximum limit and who had requested to be able to reduce the excess within the following five years, will complete, if not indicated, the amount of said excesses in the corresponding box of the data capture window.
The amounts pending reduction at the beginning of the period, those applied and those pending reduction in each year for future years are broken down in the corresponding sections of Annexes C.4 of the declaration.