Practical case. Contributions to the pension plan and protected assets of a child with a disability

Mr. PJJ, widower, 58 years old, lives with a son, 30 years old, judicially incapacitated and subject to extended parental authority and who has obtained a general tax base of 30,000 euros in 2021.

In fiscal year 2021, under the provisions of Law 41/2003, of November 18, she has established a protected asset in favor of her son who, in addition, has a proven mental disability of 65 percent. On the occasion of the constitution of the aforementioned protected heritage, Mr. PJJ has contributed 6,250 euros to the project free of charge. His four remaining children have also contributed 5,000 euros each to their brother's protected estate.

Also, Mr. PJJ has contributed to a pension plan of the employment system promoted by the company in which he provides his services the amount of 2,000 euros, increasing the business contributions that have been attributed to him by the company in the year to 2,500 euros.

Finally, Mr. PJJ has contributed 4,250 euros to a pension plan set up for his disabled son. She has also contributed 20,000 euros to the aforementioned pension plan on behalf of her disabled son and the income obtained by him.

Determine the general taxable base of the individual declarations of the person with a disability and his or her father, corresponding to the 2021 financial year, knowing that the general taxable base of the latter is 55,500 euros and that the sum of the net income from work and activities economic benefits obtained in the year amount to 49,000.

Solution:

1. Individual declaration of the person with a disability.

General tax base: 30,000

Reduction for contributions to pension plans for people with disabilities:

• Contribution made: 20,000
• Maximum reduction limit: 24.250
• Applicable reduction: 20,000
• General taxable base (30,000 - 20,000) = 10,000

2. Individual statement of the father, Mr. PJJ:

General tax base: 55,500

2.1. Reduction for contributions to social security systems (pension plan of the employment system) .

Contributions and contributions for fiscal year 2021 (2,000 contributed by him + 2,500 contributions by his company) = 4,500

Limit on the amount of contributions and maximum reducible contributions:

- Own contributions (within the general limit for contributions and business contributions of 2,000 euros) = 2,000

- Business contributions (increase of 8,000 euros more) = 2,500

- Total (2,000 + 2,500) = 4,500

Percentage reduction limit (30% s/49,000) = 14,700

Reduction applicable for contributions and contributions 2021: 4.500

Remainder of general tax base (55,500 – 4,500) = 51,000

2.2. Reduction for contributions to the pension plan of a disabled child.

Contribution made: 4.250

Maximum limit (24,250 – 20,000 which is the contribution of the disabled person to his/her plan) = 4,250

Reduction applicable ⁽¹⁾ = 4.250

Remaining general tax base (51,000 – 4,250) = 46,750

Note⁽¹⁾ Since the contributions made by the disabled person themselves (20,000 euros) have priority in applying the reduction, the father may only apply the reduction for the excess up to 24,250 euros, which constitutes the maximum joint limit of reductions practicable by all the people making the contributions. Consequently, the reducible contribution amounts to 4,250 euros. ^(Back)

2.3. Reduction for contributions to protected assets of persons with disabilities.

Contribution made: 6.250

Maximum joint limit of contributors: 24.250

Reducible contribution proportional (24,250 ÷ 26,250) x 6,250 ⁽²⁾ = 5,773.81

General taxable base: (46,750 – 5,773.81)= 40,976.19