Disposition of assets or rights contributed to the protected estate of persons with disabilities

Regulations: Art. 54.5 a) and b) Law IRPF

The disposition of any asset or right contributed to the protected assets of persons with disabilities carried out in the tax period in which the contribution was made or in the following four tax periods has the following tax consequences:

The expenditure of money and the consumption of fungible goods included in the protected assets, when made to meet the vital needs of the beneficiary, should not be considered as disposition of assets or rights and, therefore, the provisions of article 54.5 of the Income Tax Law are not applicable it. However, for such a conclusion to be possible, given that the tax benefits are linked to the effective creation of assets, the latter must be created, which implies that, except in exceptional circumstances that the disabled person may be experiencing from time to time, the expenditure of money or fungible goods before four years have passed since their contribution should not prevent the creation and maintenance over time of the aforementioned protected assets.

1. In the contributing taxpayer of IRPF .

   The contributor must replace any reductions in the tax base that were unduly made by submitting the corresponding supplementary self-assessment, including any applicable late payment interest.

   The supplementary self-assessment must be submitted within the period between the date on which the provision is made and the end of the regulatory declaration period corresponding to the tax period in which said provision is made.

2. In the owner of the protected assets who received the contribution.

   The owner of the protected assets who received the contribution must include in the tax base the part of the contribution received that he or she would have stopped including in the tax period in which he or she received the contribution as a result of the application of the exemption included in letter w) of article 7 of the Income Tax Law, by submitting the corresponding supplementary self-assessment including applicable late payment interest.

   Please note that the comment on the exemption corresponding to work income derived from contributions made to protected assets, as well as those derived from benefits obtained in the form of income by people with disabilities is made in Chapter 2.

   The supplementary self-assessment must be submitted within the period between the date on which the provision is made and the end of the regulatory declaration period corresponding to the tax period in which said provision is made.

3. If the contributor was a taxpayer of Corporate Tax.

   In this case, a distinction must be made depending on whether the owner of the protected assets is an employee of the company or whether this status is held by one of his relatives, his spouse or the person in charge of him.

   In the first case, the regularization, in the terms previously mentioned, must be carried out by the owner of the protected assets and, in the second case, said regularization must be carried out by the relative, spouse or person who is in charge of it and who is an employee of the company.

   The employee who owns the protected assets must inform the employer who made the contributions of the provisions made during the tax period. When the provision has been made in the protected assets of relatives, spouses or persons in charge of workers under guardianship or foster care, the aforementioned communication must also be made by said worker.

   Note: If the supplementary declaration responds to this circumstance, the taxpayer must mark with an "X" the box [116] of the "Supplementary declaration" section of the declaration.