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V2936-14 30 October 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · patrimonio protegido

Contributions to protected assets for persons with disabilities allow for reductions in IRPF taxable income

The inquirer asks about the tax benefits of establishing a protected asset scheme for their child with a disability. The DGT explains that contributions allow the contributor to reduce their taxable income and that such contributions are not considered capital gains or losses.

The question raised

If I were to establish a protected asset for my child, what tax benefits would I have?

The DGT's ruling

Contributions to protected assets reduce the taxpayer's taxable base with an individual limit of 10,000 euros per year and a collective maximum of 24,250 euros. Any excess of these amounts may be deducted in the following four tax periods. Non-monetary contributions do not generate capital gains or losses, and the holder is subrogated into the position of the contributor regarding the date and value of acquisition. To apply these benefits, the establishment must be carried out by means of a public document before a notary or a judicial resolution.

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