How the DGT's position has evolved
Current position
Contributions to pension plans must be deducted from the taxable base in the fiscal year in which they are made, respecting the legal limits. Any excess due to insufficient base or percentage limits may be carried forward to the following five fiscal years. In the case of persons with disabilities, there is a specific limit of 10,000 euros for contributions made through kinship or guardianship, with a combined cap of 24,250 euros per year.
The DGT's position remains stable regarding the mechanics of reduction and the carry-forward of contributions not utilized due to insufficient base. The doctrine has integrated clarifications on the application of limits in joint taxation and has defined specific regimes for contributions in favor of persons with disabilities.
Turning points
-
Clarifies that in joint taxation, limits are applied individually, preventing the use of one spouse's excess to reduce the other's base, unless the latter has income of less than 8,000 euros.
-
Establishes the 10,000 euro limit for contributions in favor of persons with disabilities through kinship or guardianship, with a maximum combined cap of 24,250 euros.
Analysis based on 17 of 17 rulings with a stated position. Updated 25 September 2026.