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A taxpayer inquired whether they could claim the tax allowance for an ascendant for their mother, who has a disability and low income, despite not living with her. The DGT ruled that this is not possible as neither the cohabitation requirement nor the requirement of being in a specialised care facility is met.
Cuestión planteada Si podría aplicar el mínimo por ascendiente por su madre.
Para aplicar el mínimo por ascendiente es necesario que el ascendiente conviva con el contribuyente al menos la mitad del período impositivo. No se considera convivencia si el ascendiente con discapacidad no está internado en un centro especializado. Al no cumplirse la convivencia ni el internamiento, no procede el mínimo por ascendiente ni la deducción por ascendiente con discapacidad.
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