Requirements for contributions to the protected assets of persons with disabilities

The Directorate General of Taxes (DGT) has clarified the formal conditions necessary for contributions made to the protected assets of persons with disabilities to benefit from the reductions provided for in the Personal Income Tax (IRPF) regulations.

What the DGT has ruled

The query concerned whether contributions to protected assets must mandatory be recorded in a public deed to be tax-deductible. The Administration's criteria establish that, to comply with the requirements of Law 41/2003, contributions must be formalized through one of the following methods:

• Public document: Authorized by a notary.
• Judicial resolution: Issued by the competent authority.

This formality requirement is enforceable regardless of the nature of the assets or rights being contributed, and applies to both contributions made at the time of constitution and those made subsequently.

What it means for you

If you are an individual making contributions to the protected assets of a person with a disability with the aim of obtaining tax benefits in your income tax return, the mere transfer of assets or money is not sufficient. The lack of a public deed or a judicial resolution supporting said operation will invalidate the application of the deductions or reductions contemplated in Law 35/2006 and Law 58/2003.

This criterion ensures that the Administration can verify the legality and traceability of the endowment of the protected assets, preventing contributions from being made informally or privately without the oversight of a professional or a judge.

What you should do

Before proceeding with any movement of assets toward a protected asset fund, it is necessary to verify that the method of contribution complies with current regulations. Formalization before a notary or through judicial channels is a mandatory step to guarantee the legal certainty of the operation and the correct application of tax benefits in the IRPF. It is recommended to assess each particular situation to ensure that the documentation strictly complies with the requirements of Law 41/2003.