1. Beneficiaries and contributors

Beneficiaries

Law 41/2003, of November 18, on the protection of the assets of people with disabilities and the amendment of the Civil Code, the Civil Procedure Law and the Tax Regulations for this purpose ( BOE of 19), the purpose of which is to regulate new mechanisms for the protection of the assets of people with disabilities, has created the figure of specially protected assets, which is immediately and directly linked to the satisfaction of the vital needs of people with disabilities. The aforementioned Law also establishes a set of measures aimed at promoting the creation of such assets and the free contribution of assets and rights to them.

Only persons affected by the following degrees of disability may be holders of protected assets:

• Mental disability equal to or greater than 33%.

• Physical or sensory disability equal to or greater than 65%.

Contributors

A distinction must be made between:

1. Taxpayers whose contributions entitle them to a reduction in IRPF

The following taxpayers will be entitled to reduce the general tax base of the IRPF of the contributor, the contributions to the protected assets of the disabled person, in cash or in kind, made by the following taxpayers:

1. Those who have a direct or collateral relationship with the disabled person up to the third degree inclusive.

2. The spouse of the disabled person.

3. Those who are in charge of the disabled person under guardianship or foster care.

2. Taxpayers whose contributions do not entitle them to reduction in IRPF

The following contributions do not generate the right to a reduction:

1. Contributions of elements related to the activity made by taxpayers of IRPF who carry out economic activities.

2. Contributions that the contributor is aware of, on the date of accrual of the tax, that have been disposed of by the owner of the protected assets.

3. Contributions made by the disabled person who is the owner of the protected assets.