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Practical Income Manual 2020.

For cash donations to descendants or adoptees under 35 years of age for the acquisition or rehabilitation of their first habitual home

Regulations: Art. 9 Consolidated text of the current legal provisions issued by the Autonomous Community of the Canary Islands regarding transferred taxes , approved by legislative Decree 1/ 2009, April 21.

Amounts and maximum limits of the deduction

  • 1 per 100 of the amount donated by taxpayers with habitual residence in the Canary Islands who during the financial year have made a cash donation to their descendants or adoptees under 35 years for the acquisition, construction or rehabilitation of the donee's first habitual residence in the Canary Islands, with the maximum limit of 240 euros for each donee .
  • 2 percent of the amount donated by taxpayers with habitual residence in the Canary Islands, when the donations referred to in the previous point have as recipients descendants or adoptees under 35 years of age legally recognized as disabled people with a degree of disability equal to or greater than 33 per 100 , with the maximum limit of 480 euros per each donee .
  • 3 percent of the amount donated by taxpayers with habitual residence in the Canary Islands, when the donations referred to in the first point above are intended for descendants or adopted children under 35 years of age legally recognized as persons with a degree of disability equal to or greater than 65 percent , with the maximum limit of 720 euros per each donee .

Other conditions and requirements for the application of the deduction

  • For the application of this deduction the requirements set forth in the regional regulations of the Inheritance and Donation Tax must be met for the 85 percent reduction of the tax base corresponding to these donations.

    See article 26 ter of the Consolidated Text of the current legal provisions issued by the Autonomous Community of the Canary Islands regarding transferred taxes approved by Legislative Decree 1/2009, of April 21, ( BOC of 23), according to the wording given by Law 4/2012, of June 25, on administrative and fiscal measures, which details the requirements and conditions for the application of this reduction.

  • The habitual residence will be considered to be the one that, for these purposes, is understood in the state regulations of the Personal Income Tax , being equated to the acquisition the construction of it, but not its expansion.

    See in Chapter 16 the heading " Deduction for investment in habitual residence. Transitional regime ".

  • For the purposes of applying the deduction, persons subject to permanent or pre-adoptive foster care constituted in accordance with the applicable legislation will be treated as adoptees . Likewise, people who enter into permanent or pre-adoptive foster care will be equated to adopters .

    Precision: Please note that Law 26/2015, of July 28, which modifies the system of protection for children and adolescents ( BOE of 29) has modified, with effect Since August 18, 2015, article 173 bis of the Civil Code that regulates the modalities of family foster care. Therefore, it will be necessary to comply with the provisions of the second Additional Provision of said Law 26/2015, which establishes that all references that in the laws and other provisions are made to pre-adoptive foster care must be understood as being made to the guardianship delegation for coexistence. pre-adoption provided for in article 176 bis of the Civil Code.