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A taxpayer inquired whether the IRPF special tax regime for child support could be applied to the actual amount of maintenance paid, if this exceeds the amount established in the regulatory agreement. The DGT ruled that this regime can only be applied to the amount specified in the judicial resolution or the ratified agreement.
Taxpayers cannot deduct child support payments in excess of the legally mandated amount under the special tax regime; only the judicially determined amount is eligible.
The tax team reviews your specific situation.
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