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Practical Manual of Companies 2021.

Deduction base

Regulation : Article 18 Law 49/2002.

The basis of deductions for donations, donations and contributions made in favor of any of the following entities will be:

  1. In monetary donations , their amount

  2. In donations or donations of goods or rights , the book value they had at the time of transfer and, failing that, the value determined in accordance with the Wealth Tax regulations.

  3. In the constitution of a real right of usufruct over real estate , the annual amount resulting from applying, in each of the tax periods of duration of the usufruct, 2 percent to the cadastral value , determined proportionally to the corresponding number of days in each tax period.

  4. In the constitution of a real right of usufruct over securities , the annual amount of dividends or interest received by the usufructuary in each of the tax periods of duration of the usufruct.

  5. In the constitution of a real right of usufruct over other goods and rights , the annual amount resulting from applying the legal interest of the money of each year to the value of the usufruct determined at the time of its constitution in accordance with the rules of the Tax on Property Transfers and Documented Legal Acts.

  6. In the donations or donations of works of art of guaranteed quality and of the goods that are part of the Spanish Historical Heritage referred to in article 17 of Law 49/2002, the valuation carried out by the Qualification, Valuation and Export Board. In the case of cultural assets that are not part of the Spanish Historical Heritage, the Board will also assess the sufficiency of the quality of the work.

The value determined in accordance with the expressed rules will have as its maximum limit the normal market value of the asset or right transmitted at the time of its transmission .