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V1774-19 11 July 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · patrimonio protegido

Joint tax returns: Each spouse has a €10,000 limit for protected assets contribution reductions

The taxpayer inquired about the limits for tax base reductions resulting from contributions to protected assets for persons with disabilities in joint tax returns, as well as the treatment of community property. The DGT clarified that in joint returns, the €10,000 limits apply individually to each spouse, while respecting the overall global limit of €24,250.

The question raised

1) Limit in a joint tax return for the reduction in the tax base corresponding to a contribution of community property assets made to the protected assets of one's child.

The DGT's ruling

In a joint tax return, the 10,000 euro annual reduction limit applies individually to each member of the family unit. If a community property asset is contributed, it is understood to be contributed equally by each spouse, with the limit applied to half the value of the asset. The contribution of a community property asset to the protected assets of one's own spouse only allows for the reduction corresponding to the half belonging to the contributor, as the other half does not constitute a transfer.

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