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Practical manual for Income Tax 2023.

k) Contributions made to the protected assets of people with disabilities

Note:Please note that Law 13/2023, of May 24 ( BOE of May 25) has modified the aforementioned Law 41/2003, of November 18, of property protection of people with disabilities, to equate the protected assets of people with disabilities formalized in accordance with the autonomous civil law with those constituted in accordance with the aforementioned Law 41/2003, for the purposes of the application, under the same terms and conditions, of all the tax benefits that affect them.

See the table on contributions to protected assets of people with disabilities at the end of this section.

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 November 19), or in the respective laws that regulate this figure with the same purpose in the different Autonomous Communities with constitutional powers to regulate their own civil, regional or special law, in this matter, in the terms indicated below.

Contributions to protected assets that constitute work income for the owner of said assets.

Regulations: Eighteenth Additional Provision Law IRPF .

  • Contributions made to protected assets are considered work income for the disabled person who owns said assets, with the following limits and conditions:

    1. When the contributors are taxpayers of IRPF , up to the amount of 10,000 euros per year for each contributor and 24,250 euros per year for all contributors.

    2. When the contributors are taxpayers of Corporate Tax, provided that the contributions have been deductible expenses in Corporate Tax, with a limit of 10,000 euros per year. This limit is independent of those indicated in number 1 above.

    The amounts that, in the terms previously mentioned, are considered income from work are not subject to withholding or payment on account.

  • Valuation in the case of non-monetary contributions. It is necessary to distinguish:

    • Up to the amount of the contribution that does not exceed the established limits (which is considered work income), 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 goods and rights provided, without the application, where applicable, of the reducing coefficients provided for in the ninth transitional provision of the Personal Income Tax Law .

    • The amount of the contribution that exceeds the aforementioned limits (which are not considered income from work) subject to Inheritance and Donation Tax will be valued in accordance with the rules of said tax.

      However, regardless of the value for which the asset is taxed in the Inheritance and Donation Tax, it must be taken into account that the acquisition value of the part of the asset subject to said Tax will be determined, for the purposes of Personal Income Tax and future transmissions, in accordance with the provisions of Article 36 of Law Personal Income Tax , therefore, for these purposes, the value determined according to the rules of the Inheritance and Donation Tax (ISD) will be limited to the market value.

Note: Keep in mind that, for the contributor of non-monetary contributions, for the purposes of the reduction that he can make in his tax base for the contribution to the protected assets, the amount of the contribution is taken as the result of what is provided for in the article 18 of Law 49/2002, of December 23, on the tax regime of non-profit entities and tax incentives for patronage (BOE of December 24). Art. 54.3 Law Personal Income Tax .

Integration of work income into the tax base of the disabled person

The integration of work income into the tax base of 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 2023 amounts to 25,200 euros (8,400 euros x 3).

See in this regard the exemption provided for in article 7.w the Personal Income Tax Law for work income derived from benefits obtained in the form of income by persons with disabilities corresponding to contributions to social security systems discussed in Chapter 2.

Disposition of contributions by the owner of the protected assets

Regulations: Art. 54.5 Law 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 disabled person will determine the following tax obligations for its owner:

  1. If the contributor was a taxpayer of IRPF , the owner of the protected assets who received the contribution must integrate into the tax base the part of the contribution received that he would have stopped integrating in the tax period in which he received the contribution as a consequence of the integration rule discussed in the previous point.

    To this end, the corresponding supplementary self-assessment must be submitted, including any applicable late payment interest, within the period between the date on which the provision is made and the end of the regulatory declaration period corresponding to the tax period in which said provision is made.

  2. If the contributor was a taxpayer of Corporate Tax , 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 previously indicated.

      For these purposes, the employee who is the owner of the protected assets must inform the employer who made the contributions of the provisions made during the tax period.

    • In the event that the contribution was made to the protected assets of relatives, spouses or dependents of workers under guardianship or foster care, the obligation described in the previous case must be fulfilled by the worker of the contributing company, who is responsible for communicating to his or her employer the provisions made during 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 employees of the company.

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.

  1. Table: contributions to protected assets of persons with disabilities