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V1422-22 16 June 2022 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · patrimonio protegido

Contributions to pension plans using protected assets are not considered a disposal

A taxpayer inquired whether allocating funds from protected assets to a pension plan for persons with disabilities constitutes a disposal and if it allows for a reduction in the taxable base. The Directorate-General for Tax (DGT) ruled that the contribution does not constitute a disposal if it aims to maintain the productivity of the assets; however, it does not permit a reduction in the taxable base as this is incompatible with the reduction applicable to protected assets.

The question raised

Whether a pension plan for persons with disabilities can be contracted. In such case, whether 10,000 euros from protected assets can be allocated to said plan without it being considered an act of disposal and whether that contribution to the pension plan can be deducted from the taxable base.

The DGT's ruling

Contributions to pension plans charged to protected assets do not require the regularization of reductions if they involve active management to maintain the productivity and integrity of the asset pool, in accordance with Law 41/2003. However, it is not possible to apply the reduction in the taxable base for contributions to pension plans for persons with disabilities (Art. 53 LIRPF) if the reduction for protected assets (Art. 54 LIRPF) is already applied, as these are distinct and incompatible tax benefits.

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