Table: contributions to protected assets of people 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 who owns the protected assets with: Mental disability in a degree equal to or greater than 33 percent. Physical or sensory disability in a degree equal to or greater than 65 percent.	Personal Income Tax : Qualification: The contributions referred to in DA18 Law Personal Income Tax are considered income from work (RT) for the person who owns the protected assets up to following limits : Contributions from taxpayers of Personal Income Tax : annual limit of 10,000 euros for each contributor (and with an annual limit of 24,250 euros as a whole). 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 as long as it has been a deductible expense. Exemption: of contributions with the aforementioned limits will be exempt those RT that do not exceed a maximum annual amount equal to up to 3 times the IPREM in accordance with article 7.w) Law Personal Income Tax . ISD: The excess over the limits established by DA18 will be subject to ISD . ITPAJD : and xented by article 45.B).21 of TR of the Law of ITPAJD with respect to AJD because the contributions must be recorded in a public deed.	Non-monetary contributions: Personal Income Tax : DA 18 Law Personal Income Tax . For the part that does NOT exceed the annual limits established by DA 18 Law Personal Income Tax (10,000 euros per contributor or 24,250 euros together) The person with a disability who is the owner of the protected assets will be subrogated to the position of the contributor with respect to the date and the value of acquisition of the assets and rights contributed s, without, for the purposes of subsequent transfers , the provisions of DT9 of Law Personal Income Tax (reduction coefficients) apply. ISD : Art. 9 Law ISD : For the part of the non-monetary contribution that exceeds the limits established by the DA 18 subject to ISD the valuation will be made according to the applicable regulations of this tax. In general its market value, unless that declared by the interested parties is higher. For real estate, its reference value. unless the one declared by the interested parties is higher. However, regardless of the value for which the good is taxed in the ISD , it must be taken into account that the acquisition value of the part of the good subject to said Tax will be determined, effects of Personal Income Tax and future transmissions, in accordance with the provisions of article 36 of the Personal Income Tax Law , therefore, for these purposes , the value determined according to the ISD rules will be limited to the market value.
CONTRIBUTOR WITH ERD TO REDUCTION Art. 54.1 of Law Personal Income Tax : Anyone who has a direct or collateral family relationship with the person with a disability up to and including the third degree. The spouse of the person with a disability. The person who is responsible for the person with a disability under guardianship or foster care.	Personal Income Tax : Rating : Contributions made by persons other than the owner constitute transfers to the owner for profit ( DA 3 Law 41/2003) but there will be no capital gain or loss [Art. 33.3.e) of Law Personal Income Tax ]. Reductions in the general tax base for contributions to protected assets (Art. 54 of 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 the reductions made by all people who make contributions in favor of the same protected assets. E The excess over these annual limits s (10,000 euros per contributor or 24,250 euros together) will give the right to reduce the BI of the 4 following tax periods until the maximum reduction amounts are exhausted, if applicable, in each of them.	Non-monetary contributions for the purposes of the reduction in your BI due to the contribution to the protected assets (A rt. 54.3 of Law Personal Income Tax ) : The amount of the contribution is taken as the result of 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 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 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 who owns the protected assets with:

Mental disability in a degree equal to or greater than 33 percent.
Physical or sensory disability in a degree equal to or greater than 65 percent.

Personal Income Tax :

Qualification: The contributions referred to in DA18 Law Personal Income Tax are considered income from work (RT) for the person who owns the protected assets up to following limits :
1. Contributions from taxpayers of Personal Income Tax : annual limit of 10,000 euros for each contributor (and with an annual limit of 24,250 euros as a whole).
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 as long as it has been a deductible expense.
Exemption: of contributions with the aforementioned limits will be exempt those RT that do not exceed a maximum annual amount equal to up to 3 times the IPREM in accordance with article 7.w) Law Personal Income Tax .

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

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

Non-monetary contributions:

Personal Income Tax : DA 18 Law Personal Income Tax .

For the part that does NOT exceed the annual limits established by DA 18 Law Personal Income Tax (10,000 euros per contributor or 24,250 euros together)

The person with a disability who is the owner of the protected assets will be subrogated to the position of the contributor with respect to the date and the value of acquisition of the assets and rights contributed s, without, for the purposes of subsequent transfers , the provisions of DT9 of Law Personal Income Tax (reduction coefficients) apply.

ISD : Art. 9 Law ISD :

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

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

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

CONTRIBUTOR WITH ERD TO REDUCTION

Art. 54.1 of Law Personal Income Tax :

Anyone who has a direct or collateral family relationship with the person with a disability up to and including the third degree.
The spouse of the person with a disability.
The person who is responsible for the person with a disability under guardianship or foster care.

Personal Income Tax :

Rating : Contributions made by persons other than the owner constitute transfers to the owner for profit ( DA 3 Law 41/2003) but there will be no capital gain or loss [Art. 33.3.e) of Law Personal Income Tax ].
Reductions in the general tax base for contributions to protected assets (Art. 54 of 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 the reductions made by all people who make contributions in favor of the same protected assets.

E The excess over these annual limits s (10,000 euros per contributor or 24,250 euros together) will give the right to reduce the BI of the 4 following tax periods until the maximum reduction amounts are exhausted, if applicable, in each of them.

Non-monetary contributions for the purposes of the reduction in your BI due to the contribution to the protected assets (A rt. 54.3 of Law Personal Income Tax ) :

The amount of the contribution is taken as the result of 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 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 determined (reference value) or verified by the Administration for the purposes of other taxes and the price, consideration or acquisition value.