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V0942-20 17 April 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por discapacidad

The deduction for disability cannot be applied if contributions are made through the Special Agreement for non-professional caregivers

The taxpayer asks whether she can apply the deduction for a spouse with a disability while being registered under the Special Agreement for non-professional caregivers. The DGT responds that she is not entitled to the deduction because such a situation does not involve performing self-employment or employment activities.

The question raised

Question raised: Application of the deduction for a dependent spouse with a disability.

The DGT's ruling

To apply the deduction for disability, the taxpayer must perform self-employment or employment activities with registration in the Social Security or a mutual fund, or receive unemployment benefits or pensions. Being in a situation assimilated to registration through the Special Agreement for non-professional caregivers does not constitute performing self-employment or employment activities for tax purposes. Therefore, the activity requirement to access the deduction under Article 81 bis of the LIRPF is not met.

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