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A taxpayer inquired whether they could apply the descendant tax allowance for their two children, aged 32 and 36, who live with them and are unemployed. The Directorate General of Taxes (DGT) ruled that this allowance cannot be applied as the age or disability requirements are not met.
Cuestión planteada Adecuación del Impuesto a las cargas familiares soportadas
El mínimo por descendientes solo es aplicable por cada descendiente menor de veinticinco años o con discapacidad, independientemente de su edad, siempre que conviva con el contribuyente y no tenga rentas anuales superiores a 8.000 euros. Al no ser discapacitados y tener los hijos 32 y 36 años, no se puede aplicar este mínimo.
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