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A taxpayer asks whether she can apply the deduction for a spouse with a disability following his death in July, given that had he lived the entire year, his income would have exceeded 8,000 euros. The DGT responds that the deduction is calculated proportionally for the months in which the requirements are met and that the income limit is applied to the total annual income obtained.
Question posed: Whether the deduction for a disabled spouse provided for in Article 81 bis of the Tax Law can be applied or if it is excluded from the application of the deduction, since had the spouse lived the entire year, the pension obtained would have exceeded 8,000 euros.
The deduction for a spouse with a disability is calculated proportionally to the number of months in which the legal requirements are simultaneously met. The disability status and marital status are determined according to the situation existing on the last day of each month. For the spouse's annual income limit (not exceeding 8,000 euros), the totality of the non-exempt income obtained by the spouse during the tax year must be taken into account.
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