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V0363-14 12 February 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · patrimonio protegido

Spending on essential needs does not constitute a disposal of assets from protected patrimony

A query was raised regarding whether spending money to meet the essential needs of a person with a disability breaches the requirement to maintain contributions to a protected patrimony for four years. The Directorate-General for Tax (DGT) ruled that such expenditure is not considered a disposal of assets, provided that the actual constitution of the patrimony is maintained.

The question raised

Whether the expenditure of money contributed to the protected assets before the expiration of the four years following the fiscal year in which the contribution is made, a period established in Article 54 of the Tax Law, implies non-compliance with said requirement, following the modifications established in the Law for the protection of the assets of persons with disabilities by Law 1/2009.

The DGT's ruling

The expenditure of money and the consumption of fungible goods to meet the vital needs of the beneficiary shall not be considered a disposal of assets or rights for the purposes of the four-year maintenance requirement under Article 54.5 of the LIRPF. Notwithstanding, the expenditure must not prevent the effective constitution and maintenance of the protected assets, except in exceptional circumstances. The nature of the needs and the existence of the assets are matters of fact that the taxpayer must substantiate.

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