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A taxpayer inquired whether they could continue applying the €1,500 reduction for compensatory pensions if they deducted expenses related to marital property from that amount. The Directorate General for Taxes (DGT) ruled that the reduction is limited to the amount specified in the judicial resolution and that has been effectively paid.
This ruling clarifies that taxpayers cannot unilaterally adjust the amount of the compensatory pension deduction for tax purposes; the deduction must strictly correspond to the amount mandated by the court and actually transferred to the recipient.
The tax team reviews your specific situation.
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