For donations, assignments of use or bailment contracts and business collaboration agreements, related to cultural, scientific and technological development patronage and cultural consumption

Regulations: Art. 5 bis of the Consolidated Text of the Legal Provisions of the Autonomous Community of the Balearic Islands regarding Taxes Transferred by the State, approved by Legislative Decree 1/2014, of June 6.

Amount and maximum limit of the deduction

• 15 percent of the amounts in which donations, assignments of use or bailment contracts are valued , and of the amounts paid under business collaboration agreements made in accordance with what is provided for by Law 3/2015, of March 23, which regulates cultural consumption and cultural, scientific and technological development patronage, and establishes tax measures.

  In this case, the limit of the applicable deduction is 600 euros per year , both in individual and joint taxation.

  The limit of 600 euros per year is unique and global for all donations, assignments of use or loan contracts, and amounts paid under business collaboration agreements that give the right to the deduction.

• 25 percent of the amounts of monetary donations or the value of donations, assignments of use or bailment contracts and business collaboration agreements referred to in article 3 of the aforementioned Law 3/2015, when:

  1. The beneficiary of the patronage is the Administration of the autonomous community of the Balearic Islands and the autonomous organizations, foundations, public business entities, public commercial companies and the consortia that depend on them. referred to in letter b) of article 4.1 of the same Law 3/2015 and
  2. The project or cultural activity object of patronage constitutes a project of the Administration of the autonomous community or its instrumental entities.

  In these cases the limit of the applicable deduction is 1,200 euros per year , both in individual and joint taxation.

Requirements and other conditions for the application of the deduction

• In the event that the assignment of use or the loan agreement has a duration of less than one year , it must be prorated based on the following criteria

  1. In the case of transfers of use or bailment contracts of less than one year, in accordance with the provisions of article 11 of Law 3/2015, of March 23, which regulates cultural consumption and cultural, scientific and cultural patronage, of technological development and tax measures are established, there is a double proration:

     1 From the base the deduction.

     This base will be the annual amount resulting from applying, in each of the tax periods of duration of the transfer of use or loan contract, 4% to the valuation of the property carried out by the Historical Heritage Valuation Commission and if In the case of premises for carrying out scientific or technological development projects or activities, 4% of the cadastral value. In both cases the base will be determined proportionally to the number of days of duration, in the tax period, of the transfer of use. or bailment contract.

     2 Of the deduction limit. The maximum limit (600 or 1,200 euros per year) must be prorated based on the number of days in the annual period.

  2. In the case of tax periods of less than one year as a result of the death of the taxpayer, the proration in transfers of use or bailment contracts of less than one year must be carried out based on the proportion that the duration of the contract represents with respect to 365 days.

     In another case, that is, in transfers of use or bailment contracts that are not less than one year, the deduction does not have to be prorated due to the fact that the taxpayer dies before December 31.

• If the duration of the assignment of use or the loan contract is longer than one year, the deduction cannot be applied to more than three years .

• In the case of donations, assignments of use or bailment contracts and business collaboration agreements, related to cultural, scientific and technological development patronage and cultural consumption, to which the deduction of 15 percent applies. 100 the sum of the general tax base and the taxpayer's savings is required, boxes [0435] and [0460] of the declaration, does not exceed the following amounts:

  • - 12,500 euros in individual taxation.
  • - 25,000 euros in joint taxation.

  Attention : In cases where the 25% deduction is applicable, the limits relating to the tax base that we have just discussed will not be applicable.