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 the amount of 6,250 euros free of charge. Likewise, his four remaining children have contributed the amount of 5,000 euros each to their brother's protected assets.
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 the amount of 4,250 euros to a pension plan established in favor of his disabled son. Likewise, he has contributed to the aforementioned pension plan on behalf of his disabled son and the income obtained by him the amount of 20,000 euros.
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.
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 tax base (30,000 - 20,000) = 10,000
2. Individual statement from 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 the disabled child.
Contribution made: 4,250
Maximum limit (24,250 – 20,000, which is the contribution of the person with a disability to their plan) = 4,250
Reduction applicable (1) = 4,250
Remaining general tax base (51,000 – 4,250) = 46,750
Note(1) As the contributions made by the disabled person themselves (20,000 euros) have priority in the application of the reduction, the parent may only apply the reduction for the excess up to 24,250 euros, which constitutes the joint maximum limit of reductions practicable for the entire the people who make the contributions. Consequently, the reducible contribution amounts to 4,250 euros. (Back)
2.3. Reduction for contributions to protected assets of people with disabilities.
Contribution made: 6,250
Joint maximum limit of contributors: 24,250
Reducible contribution proportional (24,250 ÷ 26,250) x 6,250 (2) = 5,773.81
General liquidable base: (46,750 – 5,773.81)= 40,976.19
Note(2) When there are contributions in favor of the same protected assets made by both the father and the four siblings of the person with a disability, the joint maximum reduction limit for all contributors cannot exceed 24,250 euros per year. If there is an excess of this amount, since the total amount of contributions made amounts to 26,250 euros per year [6,250 + (5,000 x 4)], a reduction must be made proportional to the contributions made.
For the contribution made by the father, said amount is the result of the following operation: (24,250 ÷ 26,250) x 6,250 = 5,773.81.
For the contributions made by each of the siblings, said amount is the result of the following operation: (24,250 ÷ 26,250) x 5,000 = 4,619.05. (Back)