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Practical manual for Income Tax 2023.

For cash donations to descendants or adoptees under 35 years of age for the acquisition or rehabilitation of their first habitual home

Regulations: Art. 9 Revised Text of the current legal provisions issued by the Autonomous Community of the Canary Islands on transferred taxes , approved by Legislative Decree 1/2009, of April 21

Amounts and maximum limits of deductions

  • 1% of the amount donated by taxpayers with habitual residence in the Canary Islands who during the year have made a cash donation to their descendants or adopted children under 35 years of age for the acquisition, construction or rehabilitation of the first habitual residence of the donee in the Canary Islands, with a maximum limit of 240 euros for each donee .

  • 2% of the amount donated by taxpayers with habitual residence in the Canary Islands, when the donations referred to in the previous point are intended for descendants or adopted children under 35 years of age legally recognized as persons with a degree of disability equal to or greater than 33%, with a maximum limit of 480 euros for each recipient. ##

  • 3% of the amount donated by taxpayers with habitual residence in the Canary Islands, when the donations referred to in the first point above are intended for descendants or adopted children under 35 years of age legally recognized as persons with a degree of disability equal to or greater than 65%, with a maximum limit of 720 euros for each recipient.

Other conditions and requirements for the application of the deduction

  • In order to apply this deduction, the requirements set out in the regional regulations on Inheritance and Gift Tax for the 85% reduction of the taxable base corresponding to these donations must be met. ##

    See article 26 ter of the Revised Text of the current legal provisions issued by the Autonomous Community of the Canary Islands on transferred taxes approved by Legislative Decree 1/2009, of April 21 ( BOC of the 23rd).

  • The habitual residence will be considered to be that which, for such purposes, is understood in the state regulations of IRPF , being equivalent to acquisition the construction of the same, but not its extension.

    See Chapter 16, section "Deduction for investment in primary residence. Transitional regime" .

    Please note that, in accordance with article 55 of the Personal Income Tax Regulations , as amended on 31 December 2012, the construction of a habitual residence is considered to be when the taxpayer directly pays the costs arising from the execution of the works, or pays amounts on account to the promoter thereof, provided that the works are completed within a period not exceeding four years from the start of the investment, except in the exceptional cases provided for in sections 3 and 4 of the aforementioned article 55, in which case an extension of said period may be granted which, in no case, may exceed another four years.

  • For the purposes of applying the deduction, persons subject to permanent or pre-adoptive foster care established in accordance with applicable legislation will be considered equivalent to adopted persons. Likewise, people who carry out a permanent or pre-adoptive foster care will be considered the same as adopters .

    Precision: Please note that Law 26/2015, of July 28, which modifies the system of protection for children and adolescents ( BOE of July 29) modified, with effect from August 18, 2015, article 173 bis of the Civil Code that regulates the modalities of foster care to currently establish as such emergency, temporary and permanent foster care. The aforementioned law also added a new article 176 bis regulating the delegation of guardianship for pre-adoption cohabitation.

    Furthermore, the Second Additional Provision of the aforementioned Law 26/2015 establishes that "all references made in laws and other provisions to pre-adoptive foster care must be understood as being made to the delegation of custody for pre-adoptive cohabitation provided for in article 176 bis of the Civil Code. Those made to simple foster care should be understood as being made to temporary family foster care provided for in article 173 bis of the Civil Code; and when they are made to the Collaborating Entities for international adoption, they will be understood to be made to the organizations accredited for international adoption."

    Therefore, the deduction will be applicable to emergency, temporary and permanent foster care and to the delegation of guardianship for pre-adoption cohabitation.