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The taxpayer asks whether they can include 50% of mortgage payments made in excess of the court-ordered amount as maintenance, due to their ex-spouse's failure to meet their obligation. The Directorate General of Taxes (DGT) rules that the special tax regime can only be applied to the amount specified in the judicial resolution and actually paid.
Taxpayers cannot claim tax relief under the maintenance special rules for voluntary payments made above the amount legally established by a court order.
The tax team reviews your specific situation.
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