Practical case. Contributions to the pension plan and protected assets of a child with a disability

Don PJJ, widower, 58 years old, lives with his son Don FJS, 30 years old, declared incapable by a court resolution and subject to extended parental authority who has obtained a general tax base of 30,000 euros in 2023.

In fiscal year 2023, under the provisions of Law 41/2003, of November 18, she has established a protected asset in favor of her son who has a proven mental disability of 65 percent. On the occasion of the constitution of the aforementioned protected heritage, Mr. PJJ has contributed the amount of 6,250 euros free of charge. Likewise, his four remaining children have contributed the amount of 5,000 euros each to their brother's protected assets.

Also, Mr. PJJ has contributed to a pension plan of the employment system promoted by the company in which he provides his services the amount of 1,500 euros, increasing the business contributions that have been attributed to him by the company in the year to 2,500 euros.

Finally, Mr. PJJ has contributed the amount of 4,250 euros to a pension plan established in favor of his disabled son. Likewise, he has contributed to the aforementioned pension plan on behalf of his disabled son and the income obtained by him the amount of 20,000 euros.

Determine the general taxable base of the individual declarations of the person with a disability and his or her father, corresponding to the 2023 financial year, knowing that the full earnings of the latter's work (gift. PJJ) and don's net work output. PJJ, which coincides with its general tax base is 61,000 euros and 55,500 euros, respectively.

Solution:

Previous note: regarding the declaration of incapacity of the child that, as a consequence of Law 8/2021, of June 2 ( BOE of June 3), the judicial resolutions by which the extension or rehabilitation of parental authority will only be taken into account as long as a new judicial resolution is not issued to replace it.

Furthermore, the references to extended or rehabilitated parental authority made in article 82 of the Personal Income Tax Law in relation to the family unit, must be understood as being made to judicial resolutions that establish representative guardianship for adult children with disabilities when this be exercised by the person or persons to whom parental authority would correspond if the child were a minor.

1. Individual declaration of the person with a disability.

General tax base: 30,000

Reduction for contributions to pension plans for people with disabilities:

• Contribution made: 20,000
• Maximum reduction limit: 24,250
• Applicable reduction: 20,000
• General tax base (30,000 - 20,000) = 10,000

2. Individual statement from the father, Mr. PJJ:

General tax base: 55,500

2.1. Reduction for contributions to social security systems (pension plan of the employment system) .

Contributions and contributions for fiscal year 2023 (1,500 contributed by him + 2,500 contributions by his company) = 4,000

Limit on the amount of contributions and maximum reducible contributions:

• Own contributions (within the general limit for contributions and business contributions of 1,500 euros) = 1,500

  Note: Remember that this general limit includes the worker's contributions to both individual systems and the employment social security system, without the need in the latter case to be conditioned on making company contributions.

• Business contributions (increase of 8,500 euros more) = 2,500

  Note: Remember that, as of January 1, 2023, worker contributions that exceed the general limit of 1,500 euros, when made to the employment social security system, are conditional on business contributions being made, to the amount of such contributions. , as well as the full return received by the worker from the employer who makes said contributions in accordance with the table established in article 52.1.1 of the Personal Income Tax Law . See in this chapter the section “ Limits and excess contributions ” within “Reductions for contributions and contributions to social security systems”.

• Total (1,500 + 2,500) = 4,000

Percentage reduction limit (30% s/49,000) = 14,700

Reduction applicable for contributions and contributions 2023: 4,000

Remaining general tax base (55,500 – 4,000) = 51,500

2.2. Reduction for contributions to the pension plan of the disabled child.

Contribution made: 4,250

Maximum limit (24,250 – 20,000, which is the contribution of the person with a disability to their plan) = 4,250

Reduction applicable ⁽¹⁾ = 4,250

Remaining general tax base (51,500 – 4,250) = 47,250

Note⁽¹⁾ As the contributions made by the disabled person themselves (20,000 euros) have priority in the application of the reduction, the parent may only apply the reduction for the excess up to 24,250 euros, which constitutes the joint maximum limit of reductions practicable for the entire the people who make the contributions. Consequently, the reducible contribution amounts to 4,250 euros. ^(Back)

2.3. Reduction for contributions to protected assets of people with disabilities.

Contribution made: 6,250

Joint maximum limit of contributors: 24,250

Reducible contribution proportional (24,250 ÷ 26,250) x 6,250 ⁽²⁾ = 5,773.81

General liquidable base: (47,250 – 5,773.81) = 41,476.19