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A worker enquired whether she could include her brother, for whom she holds judicial guardianship due to a disability, as a descendant in Form 145 for the calculation of tax withholdings. The DGT has ruled that this is possible provided that the requirements regarding income and cohabitation/dependency are met.
Cuestión planteada Si se incluye en el modelo 145 como descendiente, al hermano discapacitado del que la trabajadora tiene su tutela legal.
La persona nombrada tutor de un hermano con discapacidad mediante sentencia judicial puede aplicar el mínimo por descendientes y por discapacidad. Para ello, el hermano no debe tener rentas anuales superiores a 8.000 euros (excluidas las exentas) ni presentar declaración con rentas superiores a 1.800 euros. Si se cumplen estos requisitos, se puede comunicar el dato en el modelo 145 indicando el grado de incapacidad.
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