Skip to main content
Practical Income Manual 2019.

k) Contributions made to the protected assets of people with disabilities

Contributions made to the protected assets of people with disabilities regulated in Law 41/2003, of November 18, on property protection of people with disabilities and modification of the Civil Code, the Law of Civil Procedure and the Tax Regulations with this purpose ( BOE of 19), in the terms indicated below.

Contributions to protected assets that constitute income from work

Regulations: Eighteenth Additional Provision of the Personal Income Tax Law .

The contributions made to the protected assets generate income from work for the person with disabilities who owns said assets, under the following terms and conditions:

  1. If the contributors are taxpayers of Personal Income Tax , up to the amount of 10,000 euros per year for each contributor and 24,250 euros per year for all contributors as a whole.
  2. If the contributors are taxpayers of Corporate Tax, the contributions are also considered income from work, provided that they have been a deductible expense in Corporate Tax, with a limit of 10,000 euros per year. This limit is independent of those indicated in number 1 above.
  3. In the case of non-monetary contributions, the amount of the contribution will be taken as the amount resulting from the provisions of article 18 of Law 49/2002, of December 23, on the tax regime of non-profit entities and incentives. tax to patronage ( BOE of 24).

    In these cases, the person with a disability who owns the protected assets will be subrogated to the position of the contributor with respect to the date and value of acquisition of the assets and rights contributed, without, for the purposes of subsequent transfers, being applicable, in their case, the reducing coefficients provided for in the ninth transitional provision of the Personal Income Tax Law .

The amount of contributions that, because they exceed the limits and conditions mentioned above, are not considered income from work will be subject to Inheritance and Donation Tax.

Finally, amounts that, in the terms previously mentioned, are considered income from work are not subject to withholding or payment on account.

Integration of work income into the tax base of the person with disabilities

The integration of work income into the tax base of the Personal Income Tax of the taxpayer with a disability, owner of the protected assets, will be carried out only for the amount in which these income exceed three times the public indicator. of multiple effects income ( IPREM ), this amount which in fiscal year 2019 amounts to 22,558.77 euros

See in this regard the exemption provided for in article 7.w of the Personal Income Tax Law discussed in Chapter 2.

Disposal of contributions by the owner of the protected assets

Regulations: Ar. 55.5 Law Personal Income Tax

The disposition in the tax period in which the contribution is made or in the following four of any asset or right contributed to the protected assets of the person with a disability will determine the following tax obligations for its owner:

  1. If the contributor was a taxpayer of Personal Income Tax , the owner of the protected assets who received the contribution must integrate the part of the contribution received into the tax base that had stopped integrating in the tax period in which it received the contribution as a consequence of the integration rule discussed in the previous point.

    To this end, you must submit the corresponding complementary self-assessment including the applicable late payment interest, within the period between the date on which the disposition occurs and the end of the regulatory declaration period corresponding to the tax period in which it is carried out. said provision.

  2. If the taxpayer was a taxpayer of Corporate Tax , it must be distinguished according to whether the owner of the protected assets is a worker of the company or this condition is held by one of his relatives, his spouse or the person in charge. 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 in charge of him/her and who is a worker. the society.

In the disposition of homogeneous assets or rights, it will be understood that those contributed first were disposed of. The aforementioned regularization will not occur in the event of the death of the owner of the protected assets, the contributor or the company's workers.

Note: Regarding the tax impact that the early disposal of the contributions made by the owner of the protected assets has for the contributors, see Chapter 13.