Work income derived from benefits obtained in the form of income by people with disabilities corresponding to contributions to social security systems and contributions to protected assets
Regulations: Art. 7.w) Law Income Tax
Income from work derived from benefits received in the form of income by people with disabilities, corresponding to contributions to social security systems referred to in article 53 of the Personal Tax Law, is , up to a maximum annual amount of three times the public indicator of income for multiple purposes (for this year this amount is the result of 8,400 x 3 = €25,200).
The annual amount of the public indicator of multiple-purpose income (IPREM) is €8,400, in accordance with the provisions of the Ninetieth Additional Provision of Law 31/2022, of December 23, on the General State Budget for the year 2023 ( BOE of December 24), since said budgets are understood to be extended to 2024.
Also exempt, with the same limit as that indicated in the previous paragraph, are the income from work derived from contributions to protected assets of people with disabilities referred to in the Eighteenth Additional Provision of the Personal Income Tax Law .
Clarifications:
These work incomes are declared exempt as long as such benefits derive from contributions made to pension plans established in favor of persons with a degree of physical or sensory disability equal to or greater than 65%, mental disability equal to or greater than 33%, or with a judicially declared disability. If at the time of receiving the benefit you have a recognized degree of mental disability of less than 33%, even if the pension plan contributions were made under the special regime, the exemption will not apply.
It should also be noted that benefits derived from contributions made to pension plans under the general system will not be eligible for this exemption, even if the taxpayer has been recognised as having a disability. In this regard, consolidated or economic rights generated with contributions made to pension plans of the general regime can in no case be covered by the special regime provided for pension plans in favour of people with disabilities, since the option of the special regime must be prior to the making of contributions.
The exemption extends to work income derived from benefits obtained in the form of income by people with disabilities, corresponding not only to the protected assets established under Law 41/2003, of 18 November, on the protection of the assets of people with disabilities and the amendment of the Civil Code, the Civil Procedure Act and Tax Regulations, but also to those established in accordance with the regional laws that regulate this figure for the same purpose in the different Autonomous Communities with constitutional powers to regulate their own civil, regional or special law in this matter.
Likewise, as a consequence of the introduction by Law 13/2023, of May 24 ( BOE of May 25) of the Third Additional Provision in Law 41/2003, of November 18, on the asset protection of people with disabilities and modifying the Civil Code, the Civil Procedure Law and the Tax Regulations for this purpose, the exemption extends to employment income derived from contributions to protected assets established both under the aforementioned Law 41/2003 and in accordance with the regional laws that regulate this figure for the same purpose in the different Autonomous Communities with constitutional powers to regulate their own civil, regional or special law in this matter.
Furthermore, the new Third Additional Provision introduced in Law 41/2003 establishes the presumption that the disabled person for whose benefit the protected estate is established is the owner of the assets and rights that make up said estate and that the contributions made to it by persons other than said owner constitute transfers to it for profit.
Note: Since January 1, 2015, the exemption limit has ceased to be joint and is applied individually and separately to each of the two previous incomes.