Reductions for contributions to the social security mutual fund at a fixed premium for professional and high-level athletes
Regulations: Additional Provision eleventh Law Personal Income Tax
Professional and high-level athletes may reduce the general tax base in the amount of contributions made to the fixed-premium social security mutual fund for professional athletes, with the following specialties:
1. Subjective requirements
The status of mutual member and insured must fall, in any case, on the professional or high-level athlete.
For these purposes the following are considered:
Professional sportsmen: those included in the scope of application of Royal Decree 1006/1985, of June 26, which regulates the special employment relationship of professional athletes.
High level athletes: those included in the scope of application of Royal Decree 971/2007, of July 13, on high-level and high-performance athletes ( BOE of 25).
2. Objective requirements
The contingencies that may be subject to coverage are those provided for pension plans in article 8.6 of their regulatory standard, that is, in the consolidated text of the Law on the Regulation of Pension Plans and Funds, approved by the Royal Decree. Legislative 1/2002, of November 29.
The contingencies that may be covered are the following: retirement, total and permanent work incapacity for the usual profession or absolute and permanent for all work, and severe disability; death and severe dependency or great dependency of the participant.
3. Maximum reduction limit
Maximum annual contributions that can give the right to reduce the tax base
The annual contributions may not exceed the amount of 24,250 euros annually s, including the contributions made by the promoters as work income.
Contributions will not be accepted once the working life as a professional athlete ends or the status of a high-level athlete is lost under the terms and conditions established by regulation.
Maximum reduction limit
The contributions, direct or imputed, as well as, where applicable, the excesses from the years 2016 to 2020 pending reduction, may be subject to reduction exclusively in the general part of the tax base . As the maximum limit the lowest of the following amounts will be applied:
- Sum of the net income from work and economic activities received individually by the taxpayer in the year.
- 24,250 euros annually.
4. Excess contributions
Excesses pending reduction from contributions made in previous years
Contributions that could not have been subject to a reduction in the tax base due to its insufficiency or due to the application of the legally established maximum limits of tax reduction, may be reduced in the current year, provided that the taxpayer has requested in the declaration corresponding to fiscal years 2016 to 2020 to be able to reduce the excess in the following five fiscal years.
The reduction of the excess, which will be carried out subject to the maximum limits discussed below, will be carried out with priority to that corresponding to the contributions made in the year.
Excess contributions corresponding to the year
Contributions made in 2021 that have not been subject to a reduction in the tax base due to its insufficiency or due to application of the limit discussed in letter a) above may be reduced in the following five years.
In this case, the taxpayer must complete, within section I of the declaration, boxes  and , in the last of which the amount of contributions and contributions made in 2021 will be recorded.
Note: the amounts corresponding to the excesses pending reduction of contributions made in the years 2016 to 2020 pending application at the beginning of the year, those applied in the declaration and the remainder pending application in future years as well as the excess contributions corresponding to the year 2021 not applied, the amount of which it is requested to be able to reduce in the following 5 years, must be recorded in Annex C.4 of the declaration in the section "Unreduced excess of contributions to the social security mutual fund for professional athletes pending reduction in the following exercises".
5. Consolidated rights provision
The consolidated rights of mutual members may only be made effective:
In the same cases provided for in article 8.8 of Royal Legislative Decree 1/2002, of November 29, which approves the consolidated text of the Law on the Regulation of Pension Plans and Funds (long-term unemployment or illness serious) and,
Additionally, once one year has passed since the professional athletes' working life ends or their status as a high-level athlete is lost.
The disposition of the consolidated rights, totally or partially, in cases different from the previous ones, will determine the obligation for the taxpayer to replace the reductions unduly made in the tax base, with the practice of complementary self-assessments, which will include the late payment interest that appropriate, in the period between the date of advance disposition and the end of the regulatory declaration period corresponding to the tax period in which the advance disposition is made.
The amounts received that exceed the amount of the contributions made, including, where applicable, the contributions imputed by the promoter, will be taxed as income from work in the tax period in which they are received.
6. Special case: other contributions to the social welfare mutual fund for professional and high-level athletes
Without prejudice to the special regime of reductions for contributions to the social security mutual fund with a fixed premium for professional and high-level athletes that we have just discussed, professional and high-level athletes, even if they have ended their working life as professional athletes or have lost the status of high-level athletes, may make contributions, under the general regime, to the social security mutuality of professional and high-level athletes.
Such contributions may be subject to a reduction in the tax base, in the amount intended to cover the contingencies provided for in article 8.6 of the consolidated text of the Law regulating Pension Plans and Funds, provided that the requirements are met. previously discussed requirements for contributions to social security systems in general.
As the joint maximum reduction limit of these contributions, the one indicated in this same Chapter for contributions and contributions to social security systems will be applied.
Remember: The general taxable base and the savings taxable base cannot be negative as a consequence of the application of the reductions discussed so far.