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A taxpayer inquired whether they could continue applying the reduction for compensatory pensions after remarrying their former spouse. The DGT ruled that, as the matrimonial bond is re-established, the obligation to pay the pension ceases, and consequently, the possibility of the reduction disappears.
Cuestión planteada Aplicación de la reducción en concepto de pensiones compensatorias a favor del cónyuge.
La obligación de satisfacer la pensión compensatoria se extingue al contraer nuevo matrimonio, según el Código Civil. Por tanto, a partir del ejercicio impositivo en que se restablece el vínculo matrimonial, no procede la reducción del artículo 55 de la Ley 35/2006 por concepto de pensiones compensatorias.
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