1. Beneficiaries and contributors

Beneficiaries

Includes:

1. Holders of protected assets constituted in accordance with Law 41/2003.

   Law 41/2003, of November 18, on the property protection of people with disabilities and on the modification of the Civil Code, the Civil Procedure Law and the Tax Regulations for this purpose ( BOE of December 19), regulates the figure of the specially protected heritage of people with disabilities, which is immediately and directly linked to the satisfaction of the vital needs of these people, establishing a set of measures aimed at promoting the constitution of said assets and the contribution, free of charge, of assets and rights to them.

   In accordance with article 2 of the aforementioned Law 41/2003, only people affected by the following degrees of disability can be holders of protected assets:

   • Mental disability equal to or greater than 33 percent.

   • Physical or sensory disability equal to or greater than 65 percent.

2. Holders of protected assets constituted in accordance with the autonomous civil law (Third Final Provision of Law 41/2003) .

   As of May 26, 2023, in accordance with the provisions of the third Final Provision of Law 41/2003, any person with a disability who is the owner of a protected asset that has been formalized in accordance with the respective provisions is considered a beneficiary. 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.

Contributors

A distinction must be made between:

1. Taxpayers whose contributions give the right to a reduction in Personal Income Tax

Contributions to the protected assets of the person with a disability made, in money or in kind, by the following taxpayers will give the right to reduce the general tax base of the taxpayer's Tax :

1. Those who have a direct or collateral family relationship with the person with a disability up to and including the third degree.

2. The spouse of the person with a disability.

3. Those who were in charge of the person with a disability under guardianship or foster care or, after Law 8/2021, who has been judicially appointed as the participant's curator.

   Note: In relation to guardianship, keep in mind that, as of the entry into force of Law 8/2021, of June 2, reforming the Civil Code, which reforms civil and procedural legislation to support persons with disabilities in the exercise of their legal capacity, the references contained in the Personal Income Tax Law to the same, in the case of persons of legal age with disabilities, can be understood to refer to:

   - on the one hand, to the guardians appointed by judicial resolutions prior to Law 8/2021 (as long as a new judicial resolution has not been issued to replace them with new measures adapted to Law 8/2021), and,

   - on the other hand, to curators with representative functions appointed after the entry into force of Law 8/2021 (both in judicial resolutions relating to cases of new disability situations, and in judicial resolutions issued to replace other previous resolutions). to said Law 8/2021).

2. Taxpayers whose contributions do not give the right to the reduction in Personal Income Tax

Regulations: Art. 54 .4 and 5 Law Personal Income Tax

The following contributions do not generate the right to reduction:

1. Contributions of elements related to the activity made by Personal Income Tax taxpayers who carry out economic activities.

2. The contributions regarding which the contributor is aware, on the date of accrual of Personal Income Tax , which have been subject to disposal by the owner of the protected assets.

3. Contributions made by the disabled person who owns the protected assets.