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Practical manual for Income Tax 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 promoter of pension plans of the employment system . All of this, in accordance with 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 December 13).

    Types of pension plans :

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

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

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

  • 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 contributions are fiscally attributed to the participant to whom the benefit is linked.

    2. That the right to receive future benefits is irrevocably transferred to the participant.

    3. That the ownership of the resources that comprise the contribution be transferred 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 incapacity for work for the usual profession or absolute and permanent incapacity for any job, and severe disability; death of the participant or beneficiary and severe 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.