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V0149-16 19 January 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · mínimo por ascendientes

Minimum thresholds for ascendants and disability require annual income not to exceed 8,000 euros

The consultant asks whether the minimum thresholds for ascendants and disability can be applied to their mother-in-law with a high degree of dependency. The DGT responds that the mother-in-law is not an ascendant for individual declarations, and that in joint declarations, excess income from ascendants prevents applying both minimums.

The question raised

Question posed: Application of the minimum for ascendants and disability.

The DGT's ruling

The minimum for ascendants requires that the individual does not have annual income exceeding 8,000 euros. The non-application of the minimum for ascendants entails the non-application of the minimum for disability. Furthermore, the degree of dependency does not automatically equate to the status of a person with a disability for Personal Income Tax purposes, which must be proven by a certificate from the competent bodies for the assessment of disabilities.

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