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V0488-26 3 March 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por cónyuge con discapacidad

Disability spouse deduction can be applied proportionally to unemployment benefit months

The taxpayer asks whether the disability spouse deduction can be applied in their personal income tax return after ceasing to receive unemployment benefits. The DGT responds that it can be applied proportionally to the months during which the benefit was received, provided the legal requirements are met.

The question raised

Question posed: Whether the deduction for a non-legally separated spouse with a disability can be applied in their 2024 Personal Income Tax return.

The DGT's ruling

The deduction for a non-legally separated spouse with a disability may be applied to those receiving contributory or welfare benefits from the unemployment protection system. The amount shall be calculated proportionally to the number of months in which the requirements are simultaneously met. For this to proceed, the spouse must not have income exceeding 8,000 euros nor generate the right to deductions for a descendant or ascendant with a disability.

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