The tax on the government’s wealthy eliminates financial protection for the inheritance of persons with disabilities


The government’s financial campaign to force the large fortunes residing in the community of Madrid and Andalusia to pay taxes on their property under the banner of social justice. Some collateral damage will be claimed in the same area. The design of a so-called Great Wealth Solidarity Temporary Tax, which essentially replicates the wealth tax regulations but nullifies the effect of bonuses approved by regional governments, barring last-minute changes in the process, will go ahead. Of the amendments from the Senate, a handful of regulatory provisions have been approved by as many as eight independent governments Protecting the protected heritage of persons with disabilities.

The 2003 Act on the Protection of Property for Persons with Disabilities made it possible for autonomous communities to declare the full exemption of assets and rights protected for persons with disabilities in wealth tax as an acknowledgment of extraordinary costs – not always covered by public health or social services. Care system – that covers their unique needs of attention and care for themselves and their families.

The open door to this state regulation has been exploited by eight independent, self-governing communities today Various bonuses and tax aids For the group: Catalonia, Andalusia, Asturias, Valencian Community, Aragon, Canary Islands, Extremadura, Castilla and Leon.

The applicable tax measures range from the total exemption from the wealth tax found in the Canary Islands, Castilla and León to the reward in the share of 99% of the value of the assets and rights that are part of the protected heritage of persons with disabilities, governing Catalonia, Asturias and Aragon (maximum of 300,000 euros), or Extension of the minimum exemption for persons with disabilities, which has been expanded to 1.5 million in Andalusia, up to 1 million euros in the Valencian Community or between 600,000 and 800,000 euros, depending on the degree of disability recognized in Extremadura.

Goodbye tax shielding

What does the new tax do for the wealthy, ie This week he faces the process of passing the Senate With little prospect of change, it is to establish a minimum tax for all taxpayers with a declared inheritance exceeding three million euros (3.7 million euros if habitual residence is incorporated) and this is done without taking into account any personal circumstances, at least according to the formula by which the tax arrived at Senate.

“The new tax does not cancel the tax subsidy approved by the independent governments for the category of persons with disabilities. In fact, even if I wanted to, I couldn’t do it,” he explains. Louis WittAn expert lawyer in tax law. “But unfortunately Its “de facto” disruption would be an immediate and inevitable consequence According to the current wording of the rule, unless this situation is reformed in the Senate, since everything subject to taxation below the minimum level set by the new tax, whatever the reason for this low taxation, must be subject to taxation to the state », he warns.

Sources from Cermi, the platform that brings together the main associations representing disability, which in Spain reaches more than four million people, warn that the new tax will lead to “the loss of tax benefits” and to show their rejection “of any Decline in taxes for people with disabilities and their families.”

The ‘Basque exception’ is another source of conflict

Deactivating the tax benefit for people with disabilities and their families with declared assets of more than three million euros, which Luis Trego finds not only undermines the recognized rights of a social segment in vulnerability, but also adds a potential risk of unconstitutionality as it affects the ability of regional governments to consent On measures that favor the citizens they represent, it is not the only source of conflict the new government tax faces.

The Open negotiations between PNV and the Euskadi Socialist Party (PSE) over the possible non-implementation of the tax in the Basque Country regions has opened a new political battle over a figure supposedly created to ensure the consistent application of wealth taxes throughout the Spanish territory.

The party’s maneuvering in government with one of its reference partners in Congress was called into question yesterday by the Councilor of the Community of Madrid, Javier Fernandez Lasquette. “The question is why it was ceded to the Basque Country so that it could be annulled, and not to Madrid, Andalusia, Galicia, the Region of Murcia, or Castilla-Leon.”

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