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V3124-21 16 December 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · patrimonio protegido

Tax reduction for contributions to protected assets may be applied using loan funds

A taxpayer has enquired whether they can benefit from an Income Tax (IRPF) reduction by contributing funds to their disabled daughter's protected assets if part of that money is sourced from a loan. The Directorate General for Taxes (DGT) has ruled that the regulations do not specify a particular origin or method of acquisition for the assets being contributed.

The question raised

Whether, regarding the portion of the contributed amount corresponding to the loan, the benefits established in the Personal Income Tax Law for contributions to the protected assets of the disabled person would apply to the taxpayer.

The DGT's ruling

The reduction in the tax base for parents contributing to the protected assets of a person with a disability requires compliance with the requirements of the Personal Income Tax Law (LIRPF) and Law 41/2003. Since neither the Personal Income Tax regulations nor Law 41/2003 regulate the origin of the contributed assets, the money obtained through a loan may be considered part of the assets and rights that can be integrated into said assets.

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