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V0208-26 4 February 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · patrimonio protegido

Fiscal benefits available for protected patrimony if disability threshold met

The consultant asks about setting up a protected patrimony for a person with 37% psychiatric disability and its tax benefits. The DGT clarifies that exceeding 33% psychiatric disability meets the requirements under Law 41/2003, allowing reductions in the IRPF for the contributor.

The question raised

Question posed: Possibility of establishing protected assets for a person with a disability, considering that they have a 37% mental/psychological disability, as well as the applicable tax treatment and formal requirements for its establishment.

The DGT's ruling

For the establishment of protected assets, the person must have a mental disability equal to or greater than 33%. Contributions, both initial and subsequent, must be made by means of a public document authorized by a notary or a judicial resolution. Contributors may reduce their taxable base with a limit of 10,000 euros per person annually and a maximum of 24,250 euros per year for the group of contributors to the same assets. Any excess over these amounts allows for a reduction of the taxable base for the following four tax periods.

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