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V0446-21 ·2 March 2021 ·consulta-vinculante Medium impact
Tax

Child maintenance payments do not qualify for compensatory pension tax reductions

A taxpayer inquired whether the €250 monthly payment made to an ex-spouse for the benefit of their children could be classified as a compensatory pension to qualify for a tax reduction. The Directorate General of Taxes (DGT) ruled that, as these payments are court-ordered for the children's support, they constitute maintenance annuities and do not entitle the payer to such a reduction.

In 6 key points

How it affects those involved

Taxpayers paying child maintenance through court orders cannot reclassify these payments as compensatory pensions to benefit from specific tax reductions on their taxable base.

Lifecycle

2021-03-02PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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