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A taxpayer inquired whether they could apply the descendant and disability tax allowances, along with the corresponding deduction, for their sister following a court order establishing de facto guardianship. The Directorate General of Taxes (DGT) ruled that de facto guardianship does not grant entitlement to these tax benefits.
This ruling clarifies that de facto guardianship is insufficient to qualify for specific tax reliefs intended for legal dependents or those under formal guardianship/tutelage.
The tax team reviews your specific situation.
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