Skip to content
Back to index
V0381-24 12 March 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · mínimo por descendientes

De facto guardianship does not entitle a sister to descendant or disability tax allowances

A taxpayer inquired whether they could apply the descendant and disability tax allowances, along with the corresponding deduction, for their sister following a court order establishing de facto guardianship. The Directorate General of Taxes (DGT) ruled that de facto guardianship does not grant entitlement to these tax benefits.

The question raised

Question raised: Whether the minimum for descendants, minimum for disability, and deduction for a dependent descendant with a disability may be applied in the 2023 Personal Income Tax (IRPF) return.

The DGT's ruling

The status of de facto guardian of a person with a disability does not allow for the application of the minimum for descendants, the minimum for disability, or the deduction for descendants with a disability. The concept of descendant for these minimums is limited to children, grandchildren, great-grandchildren, or persons assimilated through guardianship or foster care according to civil legislation. De facto guardianship does not constitute one of the figures of assimilation provided for in tax regulations.

Email
Contact