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Practical Heritage Manual 2023.

Bonus of protected assets of people with disabilities

Regulations: Art. 2 Law 7/2004, of July 16, on fiscal and administrative measures

  • Requirements for applying the bonus

    • That in 2023 the taxable person has his habitual residence in this Autonomous Community.

    • That among the assets that make up the tax base of the Wealth Tax, assets and/or rights that are part of the protected assets of the taxable person, established under Law 41/2003, of November 18, on protection, have been included. property of people with disabilities and modification of the Civil Code, the Civil Procedure Law and the Tax Regulations for this purpose ( BOE of November 19).

      Please note that, as a consequence of the introduction by Law 13/2023, of May 24 ( BOE of May 25) of the third Additional Provision in Law 41/2003, The presumption is established that the person with a disability for whose benefit the protected assets are constituted is the owner of the assets and rights that make up said assets and that the contributions made to it by persons other than said owner constitute transfers to it for lucrative purposes. .

    The bonus can also be applied to assets or rights of economic content that are part of the protected assets established under Law 25/2010, of July 29, of the second book of the Civil Code of Catalonia, relating to the person and the family. , in the terms provided for in article 2 of Law 7/2004, in the wording given by article 1 of Law 2/2016, of November 2.

  • Bonus amount

    The 99 per 100 of the part of the reduced quota that proportionally corresponds to the net value of the assets and rights for which the taxpayer is entitled to the bonus (box [50] of the Wealth Tax declaration).