k) Contributions made to the protected assets of people with disabilities
By express legal provision, in any case, the contributions made to the protected assets of people with disabilities regulated in Law 41/2003, of November 18, on the assets protection of people with disabilities and modification of the Civil Code, the Civil Procedure Law and the Tax Regulations for this purpose ( BOE of 19), in the terms indicated below.
Contributions to protected assets that constitute income from work for the owner of said assets.
Regulations: Eighteenth Additional Provision of the Personal Income Tax Law .
The contributions made to the protected assets are considered income from work for the person with disabilities who owns said assets, with the following limits and conditions:
When the contributors are Personal Income Tax taxpayers, up to the amount of 10,000 euros per year for each contributor and 24,250 euros per year for all contributors as a whole.
When the contributors are taxpayers of Corporate Tax, as long as the contributions have been a deductible expense in Corporate Tax, with a limit of 10,000 euros per year. This limit is independent of those indicated in number 1 above.
In the case of non-monetary contributions, the amount of the contribution will be taken as the amount resulting from the provisions of article 18 of Law 49/2002, of December 23, on the tax regime of non-profit entities and incentives. tax to patronage ( BOE of 24).
In these cases, the person with a disability who owns the protected assets will be subrogated to the position of the contributor with respect to the date and value of acquisition of the assets and rights contributed, without, for the purposes of subsequent transfers, being applicable, in their case, the reducing coefficients provided for in the ninth transitional provision of the Personal Income Tax Law .
The amount of contributions that, because they exceed the limits and conditions mentioned above, are not considered income from work will be subject to Inheritance and Donation Tax.
Finally, amounts that, in the terms previously mentioned, are considered income from work are not subject to withholding or payment on account.
Integration of work income into the tax base of the person with disabilities
The integration of work income into the tax base of the Personal Income Tax of the taxpayer with a disability, owner of the protected assets, will be carried out only for the amount in which these income exceed three times the public indicator. of multiple effects income ( IPREM ), this amount which in fiscal year 2021 amounts to 23,725.80 euros (7,908.60 euros x 3).
See in this regard the exemption provided for in article 7.w of the Personal Income Tax Law for work income derived from benefits obtained in the form of income for people with disabilities corresponding to contributions to social security systems discussed in Chapter 2.
Disposal of contributions by the owner of the protected assets
Regulations: Art. 54.5 Law Personal Income Tax
The disposition in the tax period in which the contribution is made or in the following four of any asset or right contributed to the protected assets of the person with a disability will determine the following tax obligations for its owner:
If the contributor was a taxpayer of Personal Income Tax , the owner of the protected assets who received the contribution must integrate the part of the contribution received into the tax base that had stopped integrating in the tax period in which it received the contribution as a consequence of the integration rule discussed in the previous point.
To this end, you must submit the corresponding complementary self-assessment including the applicable late payment interest, within the period between the date on which the disposition occurs and the end of the regulatory declaration period corresponding to the tax period in which it is carried out. said provision.
If the taxpayer was a Corporation Tax taxpayer , two cases must be distinguished:
In the event that the owner of the protected assets is the worker of the company that makes the contribution, it will be he (the worker) as the owner of the protected assets who must integrate into his tax base the part of the contribution received that would have ceased to be integrate into the tax period in which the contribution was received as a consequence of the application of the exemption provided for in article 7.w) of the Personal Income Tax Law and present the corresponding complementary self-assessment in the terms indicated above.
For these purposes, said worker who owns the protected assets must notify the employer who made the contributions of the provisions that have been made in the tax period.
In the event that the contribution had been made to the protected assets of the relatives, spouses or dependents of the workers under guardianship or foster care, the obligation described in the previous case must be fulfilled by the worker of the contributing company. It is his responsibility to communicate to his employer the provisions that have been made in the tax period.
In the disposition of homogeneous assets or rights, it will be understood that those contributed first were disposed of. The aforementioned regularization will not occur in the event of the death of the owner of the protected assets, the contributor or the company's workers.
Note: Regarding the tax impact that the early disposal of the contributions made by the owner of the protected assets has for the contributors see Chapter 13.