Maximum limits and excess contributions made
Regulations: Art. 54 .1 and 2 Law IRPF
A. Maximum reduction limits
Contributions made in the year to the protected assets of persons with disabilities and, where applicable, the excess contributions made and not reduced in the years 2019 to 2022, may be subject to a reduction in the tax base of the current year in accordance with the following maximum limits:
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10,000 euros per year for each contributor and for the set of protected assets to which they make contributions.
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24,250 euros annually for all reductions made by all persons who make contributions in favour of the same protected assets.
When several contributions are made in favour of the same protected assets and this last limit is exceeded (24,250 euros), the reductions corresponding to said contributions must be reduced proportionally to the amount of the respective contributions, so that the total reductions made by all natural persons who make contributions in favour of the same protected assets do not exceed 24,250 euros per year .
In the case of non-monetary contributions , the amount of the contribution will be taken as that resulting from the provisions of article 18 of Law 49/2002, of December 23, on the tax regime of non-profit entities and tax incentives for patronage ( BOE of December 24), there being no capital gain or loss on the occasion of contributions to protected assets established in favor of people with disabilities.
For the disabled person who is the owner of the protected assets, contributions are considered work income for the amount by which these income exceeds three times the public indicator of multiple-purpose income (for the year 2023 this amount is the result of 8,400 x 3 = 25,200 euros).
B. Pending excesses to be reduced from contributions made in previous years
Contributions made that could not be reduced in the years 2019 to 2022 due to exceeding the quantitative limits for tax reduction or due to insufficient tax base will be charged to the current year, provided that a request has been made in the respective declarations to be able to reduce the excess in the following four years. The reduction of excess amounts, which will be carried out subject to the maximum reduction limits discussed below, will be carried out with priority to that corresponding to the contributions made in the financial year.
C. Excess contributions corresponding to the fiscal year
Contributions made in 2023 that exceed the maximum limits mentioned above, including the one relating to the positive amount of the taxpayer's general tax base, will give the right to reduce the tax base of the following four tax periods , until exhausting, where applicable, the maximum reduction amounts in each of them.