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V0684-23 21 March 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · mínimo por ascendientes

Children may claim disability deduction for ascendants if living together for at least six months

A query was raised regarding whether two children can both claim a deduction for an ascendant with a disability if they each live with them for six months of the year. The Directorate General of Taxes (DGT) ruled that this is possible, provided the requirements for cohabitation, disability, and employment or receipt of benefits are met.

The question raised

Question raised: Whether both children may apply the deduction for a dependent ascendant with a disability.

The DGT's ruling

To apply the minimum for ascendants, they must cohabit with the taxpayer for at least half of the tax period. If the ascendant cohabits successively with several descendants, these may apply the minimum provided that the sum of the cohabitation is at least half of the year. In the event that several descendants are entitled to the deduction for the same ascendant, the amount shall be prorated among them in equal parts. The application of the deduction also requires that the taxpayer carries out self-employed or employed activity or receives certain Social Security benefits.

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