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A taxpayer inquired whether their SOVI old-age pension due to invalidity allows them to automatically certify a disability degree of 33% or higher for Income Tax (IRPF) purposes. The Directorate-General for Taxes (DGT) ruled that it does not, as such a pension is classified as an old-age pension rather than an invalidity pension; therefore, the disability must be formally certified via the appropriate certificate.
Cuestión planteada Si se la considera a efectos del IRPF, como una persona con un grado de discapacidad igual o superior al 33%, de acuerdo con lo establecido en el artículo 72 del Reglamento del Impuesto.
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