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V0430-26 27 February 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · mínimo por discapacidad

Right to disability minimum maintained after switching from disability to retirement pension

The consultant asks whether, after receiving a permanent total disability pension and opting for a retirement pension, the right to the disability minimum is retained without proving a disability rating of 33% or higher. The DGT confirms this, citing a unification criterion in the TEAC.

The question raised

Question posed: Whether in their 2024 Personal Income Tax return (IRPF-2024) and subsequent years, they may be considered a "person with a disability" for the purposes of Article 60 of the LIRPF, in accordance with Resolution No. 00/04263/2023/00/00 of TEAC, July 19, 2024, such that, given that there is a prior recognition of a permanent disability pension (total, absolute, or severe disability) in their case, upon reaching retirement age, it is considered that they retain the right to apply the disability minimum of Article 60 of the LIRPF, without being required to certify a degree of disability equal to or greater than 33%.

The DGT's ruling

In cases where there is a prior recognition of a permanent disability pension (total, absolute, or severe disability), upon reaching retirement age, the taxpayer retains the right to apply the disability minimum provided for in Article 60 of the Personal Income Tax Law (LIRPF). To this end, it is not required to certify a degree of disability equal to or greater than 33 percent.

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