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A taxpayer inquired whether a judicial ruling on permanent incapacity must be registered to be valid for Personal Income Tax (IRPF) purposes. The Directorate-General for Taxes (DGT) clarified that disability is proven through certificates issued by competent authorities or, for Social Security pensioners, through the formal recognition of an incapacity pension.
Cuestión planteada Si debe registrar dicha sentencia para que sea tenida en cuenta en el IRPF.
La discapacidad se acredita con certificados o resoluciones del Instituto de Migraciones y Servicios Sociales o de los órganos competentes de las Comunidades Autónomas. Para pensionistas de la Seguridad Social, se considera acreditado un grado igual o superior al 33% si tienen reconocida una pensión de incapacidad permanente total, absoluta o gran invalidez. Asimismo, se considera acreditado un grado igual o superior al 65% cuando la incapacidad sea declarada judicialmente.
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