For cash donations to descendants or adoptees under 35 years of age for the acquisition or rehabilitation of their first habitual home
Regulations: Art. 9 Consolidated text of the current legal provisions issued by the Autonomous Community of the Canary Islands regarding transferred taxes , approved by legislative Decree 1/ 2009, April 21.
Amounts and maximum limits of the deduction
1 per 100 of the amount donated by taxpayers with habitual residence in the Canary Islands who during the financial year have made a cash donation to their descendants or adoptees under 35 years of age for the acquisition, construction or rehabilitation of the donee's first habitual residence in the Canary Islands, with the maximum limit of 240 euros for each donee .
2 percent of the amount donated by taxpayers with habitual residence in the Canary Islands, when the donations referred to in the previous point are intended for descendants or adoptees under the age of 35 legally. recognized as disabled people with a degree of disability equal to or greater than 33 percent, with the maximum limit of 480 euros for each donee .
3 percent of the amount donated by taxpayers with habitual residence in the Canary Islands, when the donations referred to in the first point above are intended for descendants or adoptees under 35 years of age. legally recognized as people with a degree of disability equal to or greater than 65 percent, with the maximum limit of 720 euros for each donee .
Other conditions and requirements for the application of the deduction
For the application of this deduction the requirements set forth in the regional regulations of the Inheritance and Donation Tax must be met for the 85 percent reduction of the tax base corresponding to these donations.
See article 26 ter of the Consolidated Text of the current legal provisions issued by the Autonomous Community of the Canary Islands regarding transferred taxes approved by Legislative Decree 1/2009, of April 21, ( BOC of 23), according to the wording given by Law 4/2012, of June 25, on administrative and fiscal measures, which details the requirements and conditions for the application of this reduction.
The habitual residence will be considered to be the one that, for these purposes, is understood in the state regulations of the Personal Income Tax , being equated to the acquisition the construction of it, but not its expansion.
See in Chapter 16 the heading " Deduction for investment in habitual residence. Transitional regime ".
Keep in mind that, in accordance with article 55 of the Personal Income Tax Regulations, in the wording in force on December 31, 2012, construction of a habitual residence is considered when the taxpayer directly pays the expenses derived from the execution of the works, or delivers amounts on account to the promoter of the same, provided that the works are completed within a period not exceeding four years from the beginning of the investment, except in the exceptional cases provided for in sections 3 and 4 of the aforementioned article 55, in which an extension of said period may be granted, which, in no case, may exceed another four years.
For the purposes of applying the deduction, persons subject to permanent or pre-adoptive foster care constituted in accordance with the applicable legislation will be treated as adoptees . Likewise, people who enter into permanent or pre-adoptive foster care will be equated to adopters .
Precision: Please note that Law 26/2015, of July 28, which modifies the system of protection for children and adolescents ( BOE of 29) has modified, with effect since August 18, 2015, article 173 bis of the Civil Code that regulates the modalities of foster care to currently establish emergency, temporary and permanent foster care as such. Likewise, the aforementioned law added a new article 176 bis regulating the delegation of guardianship for pre-adoptive coexistence.
On the other hand, the second Additional Provision of the aforementioned Law 26/2015 establishes that "all references that are made in the laws and other provisions to pre-adoptive foster care must be understood to be made to the delegation of guardianship for pre-adoptive coexistence provided for in article 176 bis of the Civil Code. Those that were made to simple foster care must be understood to be made to temporary family foster care provided for in article 173 bis of the Civil Code; and when they were made to the collaborating entities of international adoption, they will be understood to be made to the accredited organizations for international adoption.
Therefore, the deduction will be applicable to emergency, temporary and permanent foster care and to guardianship delegation for pre-adoptive cohabitation.