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Practical Income Manual 2021.

1. Contributions and contributions to pension plans

Includes:

  • Contributions made by participants to pension plans, including business contributions imputed as work performance in kind by the pension plan promoter of the employment system . All of this, in the terms of the consolidated text of the Law on the Regulation of Pension Plans and Funds, approved by Royal Legislative Decree 1/2002, of November 29 ( BOE of November 13 December).

    Pension plan modalities :

    • Employment system pension plans: corresponds to plans whose promoter is any entity, corporation, company or company, as well as the individual entrepreneur that employs workers by virtue of an employment relationship, provided that the participants are their employees, including personnel with a special employment relationship. regardless of the applicable Social Security regime. The condition of participants may also be extended to the worker and work partners in the employment plans promoted in the field of cooperative and labor societies and to the individual entrepreneur himself when he promotes a pension plan of the employment system in the interest of his employees. workers.

    • Pension plans of the associated system: corresponds to plans whose promoter is any association or union, the participants being their associates, members or affiliates.

    • Individual system pension plans: corresponds to plans whose promoter or promoters are one or several financial entities and whose participants are any natural person.

  • The contributions made by participants to the pension plans regulated in Directive ( EU ) 2016/2341 of the European Parliament and of the Council, of December 14, 2016, relating to the activities and supervision of employment pension funds (EPF), including contributions made by promoting companies, provided that the following requirements are met:

    1. That the contributions be taxed to the participant to whom the benefit is linked.

    2. That the right to receive the future benefit be irrevocably transmitted to the participant.

    3. That the ownership of the resources of which the contribution consists is transmitted to the participant.

    4. That the contingencies covered are those provided for in article 8.6 of the consolidated text of the Law on the Regulation of Pension Plans and Funds, approved by Royal Legislative Decree 1/2002, of November 29, retirement, total and permanent work incapacity for habitual or absolute and permanent profession for all work, and great disability; death of the participant or beneficiary and severe dependency or great dependency of the participant).

    Precision: Please note that Directive 2003/41/ EC , of the European Parliament and of the Council, of June 3, 2003, relating to the activities and supervision of occupational pension funds, to referred to in article 51 of the Income Tax Law was repealed by article 65 of Directive ( EU ) 2016/2341 of the European Parliament and of 14 December 2016 on the activities and supervision of occupational pension funds (EPF) repealed with effect from 13 January 2019 and references to Directive 2003/41/ CE will be understood to be made to the aforementioned Directive ( EU ) 2016/2341.