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V1619-23 7 June 2023 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
OTRO · patrimonio protegido

Creation of protected assets for persons with disabilities does not trigger IRPF, ITPAJD, or ISD taxation

A person with a disability has enquired about the taxes due when establishing a protected asset scheme using their own assets. The DGT has ruled that no transfer of assets or income occurs, and that the deed of establishment may benefit from an exemption regarding Stamp Duty (ITPAJD).

The question raised

Taxes to be settled at the time of the constitution of the estate before the notary.

The DGT's ruling

The assignment of personal assets to a protected estate does not generate income or capital gains for Personal Income Tax purposes, as it only constitutes a transfer between asset pools belonging to the same holder. There is also no onerous or gratuitous transfer for Stamp Duty or Inheritance and Gift Tax purposes because the ownership of the assets does not change. The deed of constitution of said estate may qualify for the Stamp Duty exemption provided for contributions to protected estates. Regarding Wealth Tax, the exemption depends on the regulations of each Autonomous Community.

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