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Practical Income Manual 2021.

2. Contributions and contributions to social security mutual societies

In relation to the reduction of said contributions and contributions, the following requirements must be taken into account:

Subjective requirements

  1. Professionals not integrated into any of the Social Security regimes

    The amounts paid under insurance contracts concluded with social security mutual societies by professionals not integrated into any of the Social Security regimes, by their spouses and first-degree blood relatives, as well as by workers of the mentioned mutual societies, in the part that aims to cover the contingencies provided for in article 8.6 of the consolidated text of the Law on the Regulation of Pension Plans and Funds (retirement, total and permanent work incapacity for the habitual or absolute profession and permanent for all work, and great disability; death of the participant or beneficiary and severe dependence or great dependence of the participant), provided that said amounts have not been considered a deductible expense for determining the net income from economic activities.

    See, within Chapter 7, and " Expenses of the owner of the activity " the point "Specialties in personal income tax for contributions to Social Security Mutual Funds of the businessman or professional himself."

  2. Professionals or individual entrepreneurs integrated into any of the Social Security regimes

    The amounts paid under insurance contracts concluded with social security mutual societies by professionals or individual entrepreneurs integrated into any of the Social Security regimes, by their spouses and first-degree blood relatives, as well as by workers, are entitled to reductions. of the aforementioned mutual societies in the part that aims to cover the contingencies of article 8.6 of the consolidated text of the Law on the Regulation of Pension Plans and Funds discussed in the previous paragraph.

  3. Employed workers or working partners

    Regulations: see also the ninth Additional Provision of the Personal Income Tax Law

    The amounts paid under insurance contracts concluded with social security mutual societies by employed workers or working partners are entitled to a reduction, including the contributions of the promoter that would have been charged to them as of work income, when carried out in accordance with the provisions of the first Additional Provision of the consolidated text of the Law on the Regulation of Pension Plans and Funds, relating to the protection of pension commitments with workers, including unemployment for the aforementioned worker partners.

    The contingencies that must be implemented under the conditions established in the first Additional Provision of the consolidated text of the Law on the Regulation of Pension Plans and Funds will be those of retirement, disability, death and dependency provided for in article 8.6 of the aforementioned legal text.

    Likewise, the amounts paid under insurance contracts concluded with social security mutual societies that have established the corresponding Professional Associations, by registered mutual members who are employed workers, by their spouses and first-degree blood relatives, give the right to reduction. , as well as by the workers of the aforementioned mutual societies, as long as there is an agreement of the corresponding bodies of the mutual society that only allows benefits to be collected when the contingencies provided for in article 8.6 of the consolidated text of the Plan Regulation Law occur. and Pension Funds (Additional Provision ninth Law Personal Income Tax ).

Objective requirements

The consolidated rights of mutual members may only be made effective in the cases provided for pension plans by article 8.8 of the aforementioned consolidated text of the Law on the Regulation of Pension Plans and Funds (long-term unemployment, serious illness and from 2025 for contributions 10 years old).

However, and in order to facilitate those affected by the volcanic eruption on the island of La Palma to meet unexpected liquidity needs, article 11 of Royal Decree-Law 20/2021, of October 5, by which Urgent support measures are adopted to repair the damage caused by the volcanic eruptions and for the economic and social reconstruction of the island of La Palma ( BOE of 6), has established, with Exceptionally and exclusively for the period between October 6, 2021 and July 5, 2022, the possibility that social security mutualists can dispose of their consolidated rights in advance in certain cases, setting the conditions and the maximum amount of the provision. The assumptions for early disposal of consolidated rights are discussed in this Chapter, within the common rules applicable to contributions to social security systems, in the section on early disposal of consolidated rights .

Note:  In relation to those affected by the volcanic eruption on the island of La Palma, this possibility of making effective their consolidated rights by mutualists provided for in article 11 of Royal Decree-Law 20/2021, is not applicable in the case of social security mutual societies that act as an alternative system to registration in the Special Social Security Regime for Self-Employed or Self-Employed Workers, in relation to the economic rights of the products or insurance used to fulfill said alternative function.

The amounts received in these situations are subject to the tax regime established for pension plan benefits.