Table: contributions to protected assets of persons with disabilities

Who could it be	Applicable tax treatment	Date of acquisition and valuation of assets and rights contributed
BENEFICIARY (Art. 2 of Law 41/2003, of November 18). Person holding the protected assets with: Mental disability equal to or greater than 33%. Physical or sensory disability equal to or greater than 65%.	Income Tax : Qualification: The contributions referred to in DA18 Law IRPF are considered employment income (RT) for the person holding the protected assets up to the following limits : Contributions from taxpayers of IRPF : annual limit of 10,000 euros for each contributor (and with an annual limit of 24,250 euros in total). Contributions from IS taxpayers in favor of the protected assets of relatives, spouses or dependents of the contributor's employees: annual limit independent of the above of 10,000 euros provided that it was a deductible expense. Exemption: From contributions with the aforementioned limits the RT that do not exceed a maximum annual amount equal to up to 3 times the IPREM in accordance with article 7.w) Law IRPF will be exempt. ISD: The excess over the limits established by DA18 will be subject to ISD . ITPAJD : and exempted by article 45.B).21 TR of the Law of ITPAJD with respect to AJD because the contributions must be recorded in a public deed.	Non-monetary contributions: Income Tax : DA 18 Law Income Tax . For the part that does NOT exceed the annual limits established by the DA 18 Law IRPF (10,000 euros per contributor or 24,250 euros in total) The disabled person who is the owner of the protected assets will be subrogated to the position of the contributor with respect to the date and the acquisition value of the assets and rights contributed s, without, for the purposes of subsequent transfers, the provisions of DT9 of Law IRPF (reduction coefficients) being applicable to him/her. ISD : Art. 9 Law ISD : For the part of the non-monetary contribution that exceeds the limits established by DA 18 subject to ISD the valuation will be made according to the applicable regulations of this tax. In general, its market value, unless the value declared by the interested parties is higher. For real estate, its reference value. unless the amount declared by the interested parties is higher. However, regardless of the value at which the asset is taxed in the ISD , 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 the IRPF and future transfers, in accordance with the provisions of article 36 of the IRPF Law , so that, for these purposes, the value determined according to the ISD rules will have as a limit the market value.
CONTRIBUTOR WITH ERD TO REDUCTION Art. 54.1 of Law IRPF : Anyone who has a direct or collateral family relationship with the disabled person up to the third degree inclusive. The spouse of the disabled person. The person in charge of the disabled person under guardianship or foster care.	Income Tax : Rating : Contributions made by persons other than the owner constitute transfers to the latter for profit ( DA 3 Law 41/2003) but there will be no capital gain or loss [Art. 33.3.e) of Law Income Tax ]. Reductions in the general tax base for contributions to protected assets (Art. 54 of the Law Personal Income Tax ) Annual limit per contributor of the reduction in their BI : 10,000 euros. Annual limit for the set of reductions: 24,250 euros for all reductions made by all persons who make contributions to the same protected assets. And the excess over these annual limits s (10,000 euros per contributor or 24,250 euros in total) will give the right to reduce the BI of the following 4 tax periods until exhausting, where applicable, in each of them the maximum reduction amounts.	Non-monetary contributions for the purposes of reducing your BI for the contribution to the protected assets (A rt. 54.3 of Law IRPF ) : The amount of the contribution is taken as that resulting from the provisions of article 18 of Law 49/2002, of December 23, on the tax regime of non-profit entities and tax incentives for patronage: The book value of the asset or right at the time of the transfer and, failing that, The value determined according to the rules of IP . In the specific case of Real estate in IP will be the greater of: cadastral value, the value determined (reference value) or verified by the Administration for the purposes of other taxes and the price, consideration or acquisition value.

Who could it be

Applicable tax treatment

Date of acquisition and valuation of assets and rights contributed

BENEFICIARY (Art. 2 of Law 41/2003, of November 18).

Person holding the protected assets with:

Mental disability equal to or greater than 33%.
Physical or sensory disability equal to or greater than 65%.

Income Tax :

Qualification: The contributions referred to in DA18 Law IRPF are considered employment income (RT) for the person holding the protected assets up to the following limits :
1. Contributions from taxpayers of IRPF : annual limit of 10,000 euros for each contributor (and with an annual limit of 24,250 euros in total).
2. Contributions from IS taxpayers in favor of the protected assets of relatives, spouses or dependents of the contributor's employees: annual limit independent of the above of 10,000 euros provided that it was a deductible expense.
Exemption: From contributions with the aforementioned limits the RT that do not exceed a maximum annual amount equal to up to 3 times the IPREM in accordance with article 7.w) Law IRPF will be exempt.

ISD: The excess over the limits established by DA18 will be subject to ISD .

ITPAJD : and exempted by article 45.B).21 TR of the Law of ITPAJD with respect to AJD because the contributions must be recorded in a public deed.

Non-monetary contributions:

Income Tax : DA 18 Law Income Tax .

For the part that does NOT exceed the annual limits established by the DA 18 Law IRPF (10,000 euros per contributor or 24,250 euros in total)

The disabled person who is the owner of the protected assets will be subrogated to the position of the contributor with respect to the date and the acquisition value of the assets and rights contributed s, without, for the purposes of subsequent transfers, the provisions of DT9 of Law IRPF (reduction coefficients) being applicable to him/her.

ISD : Art. 9 Law ISD :

For the part of the non-monetary contribution that exceeds the limits established by DA 18 subject to ISD the valuation will be made according to the applicable regulations of this tax.

In general, its market value, unless the value declared by the interested parties is higher.
For real estate, its reference value. unless the amount declared by the interested parties is higher.

However, regardless of the value at which the asset is taxed in the ISD , 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 the IRPF and future transfers, in accordance with the provisions of article 36 of the IRPF Law , so that, for these purposes, the value determined according to the ISD rules will have as a limit the market value.

CONTRIBUTOR WITH ERD TO REDUCTION

Art. 54.1 of Law IRPF :

Anyone who has a direct or collateral family relationship with the disabled person up to the third degree inclusive.
The spouse of the disabled person.
The person in charge of the disabled person under guardianship or foster care.

Income Tax :

Rating : Contributions made by persons other than the owner constitute transfers to the latter for profit ( DA 3 Law 41/2003) but there will be no capital gain or loss [Art. 33.3.e) of Law Income Tax ].
Reductions in the general tax base for contributions to protected assets (Art. 54 of the Law Personal Income Tax )
Annual limit per contributor of the reduction in their BI : 10,000 euros.

Annual limit for the set of reductions: 24,250 euros for all reductions made by all persons who make contributions to the same protected assets.

And the excess over these annual limits s (10,000 euros per contributor or 24,250 euros in total) will give the right to reduce the BI of the following 4 tax periods until exhausting, where applicable, in each of them the maximum reduction amounts.

Non-monetary contributions for the purposes of reducing your BI for the contribution to the protected assets (A rt. 54.3 of Law IRPF ) :

The amount of the contribution is taken as that resulting from the provisions of article 18 of Law 49/2002, of December 23, on the tax regime of non-profit entities and tax incentives for patronage:

The book value of the asset or right at the time of the transfer and, failing that,
The value determined according to the rules of IP .

In the specific case of Real estate in IP will be the greater of: cadastral value, the value determined (reference value) or verified by the Administration for the purposes of other taxes and the price, consideration or acquisition value.