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V0730-18 19 March 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · incapacidad declarada judicialmente

Judicially declared incapacity for the purpose of proving disability refers solely to the civil legal system

A query is made regarding how to prove the disability of a person under legal guardianship in order to apply deductions in the Personal Income Tax (IRPF). The DGT responds that judicially declared incapacity only includes that of the civil legal system and not that of the social security courts.

The question raised

Question posed: In the case of a taxpayer who has legal guardianship of a person judicially declared incapacitated, what is the method to prove the disability of said person to be entitled to the corresponding disability deductions for the person under guardianship.

The DGT's ruling

The proof of disability must be provided through a certificate or resolution from the Institute of Migration and Social Services or the competent body of the Autonomous Communities. The expression "judicially declared incapacity" refers exclusively to the civil legal system (Article 199 of the Civil Code). Resolutions from social security courts regarding incapacity for work are not included in this concept.

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