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A query was raised regarding who is entitled to tax allowances and deductions for a child with a disability who is also under legal guardianship. The Directorate General of Taxes (DGT) ruled that both the parent and the legal guardian may be entitled, depending on their relationship to the child and the level of economic dependency.
This ruling clarifies the eligibility criteria for tax benefits related to dependents with disabilities, emphasizing that legal guardianship does not automatically supersede parental rights, but rather depends on the specific circumstances of kinship and financial support.
The tax team reviews your specific situation.
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