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A taxpayer inquired whether they could claim the personal allowance for descendants for two minors who were in their care for adoption purposes for a few months in 2019, but were ultimately returned to the Administration. The DGT ruled that this is not possible because the situation must exist on the tax accrual date.
This ruling clarifies that the legal status of foster care for adoption must be active at the specific moment the tax liability arises to qualify for tax benefits related to descendants.
The tax team reviews your specific situation.
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