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Practical manual for Income Tax 2020.

2. Maximum limits and excess contributions made

A. Pending excesses to be reduced from contributions made in previous years

Contributions made that could not be reduced in the years 2016 to 2019 due to exceeding the quantitative limits for tax reduction or due to insufficient tax base will be charged to the current year, provided that a request has been made in the respective declarations to be able to reduce the excess in the following four years. The reduction of excess amounts, which will be carried out subject to the maximum reduction limits discussed below, will be carried out with priority to that corresponding to the contributions made in the financial year.

B. Amount and maximum reduction limits

Contributions made in the year to the protected assets of persons with disabilities and, where applicable, the excess contributions made and not reduced in the years 2016 to 2019, may be subject to a reduction in the tax base of the current year in accordance with the following maximum limits.

  1. 10,000 euros per year for each contributor and for the set of protected assets to which they make contributions.
  2. €24,250 annually for all reductions made by all persons who make contributions to the same protected assets.

    When several contributions are made in favour of the same protected assets and this last limit is exceeded, the reductions corresponding to said contributions must be reduced proportionally to the amount of the respective contributions, so that the total reductions made by all natural persons who make contributions in favour of the same protected assets do not exceed 24,250 euros per year.

    See in this regard, within " Practical case " included in this same Chapter, the case of concurrent contributions to the protected assets of a person with a disability.

  3. The positive amount of the general tax base of contributor , once the reductions corresponding to the concepts discussed up to now have been made.

In the case of non-monetary contributions , the amount of the contribution will be taken as that resulting from the provisions of article 18 of Law 49/2002, of December 23, on the tax regime of non-profit entities and tax incentives for patronage ( BOE of the 24th), there being no capital gain or loss on the occasion of contributions to protected assets established in favor of people with disabilities.

Important : For the disabled person who is the owner of the protected assets, contributions are considered work income to which the exemption provided for in article 7.w) of the Personal Income Tax Law will apply.

C. Excess contributions corresponding to the fiscal year

Contributions made in 2020 that exceed the maximum limits mentioned above, including the one relating to the positive amount of the taxpayer's general tax base, will give the right to reduce the tax base of the following four tax periods , until exhausting, where applicable, the maximum reduction amounts in each of them.

Attention: the amounts corresponding to the excesses pending reduction of contributions made in the years 2016 to 2019 pending application at the beginning of the year, those applied in the declaration and the remainder pending application in future years, as well as the excess of contributions corresponding to the year 2020 not applied, the amount of which is requested to be able to be reduced in the following 4 years, must be stated in annex C.2 of the declaration in the section "Unreduced excess of contributions to protected assets of people with disabilities pending offset in the following years ".