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V0563-23 ·8 March 2023 ·consulta-vinculante Medium impact
Tax

Spending money and consuming fungible goods for vital needs is not considered a disposal act

A query was raised regarding whether using money from protected assets to cover the expenses of a person with a disability constitutes a disposal act that would require the repayment of tax benefits. The Directorate General for Taxes (DGT) has determined that such expenditure is not considered a disposal of assets or rights for the purpose of the four-year maintenance requirement.

In 6 key points

How it affects those involved

This ruling provides legal certainty for those managing protected assets, ensuring that essential spending for the beneficiary's welfare does not trigger the clawback of tax incentives.

Lifecycle

2023-03-08PublishedPublished 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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