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A taxpayer inquired whether they could claim the disability tax allowance in their Personal Income Tax (IRPF) following a work incapacity, despite lacking an official certificate. The Directorate General of Taxes (DGT) responded that to prove disability, one must hold a certificate or resolution issued by the competent authority.
Cuestión planteada - Si puede aplicarse el mínimo correspondiente por discapacidad en su declaración de IRPF.
Para aplicar el mínimo por discapacidad, el contribuyente debe acreditar un grado igual o superior al 33% mediante certificado o resolución del Instituto de Seguridad Social o del órgano competente de la Comunidad Autónoma. Solo se considera acreditada la discapacidad en pensionistas de la Seguridad Social con pensión de incapacidad permanente total, absoluta o gran invalidez, o en casos de declaración judicial.
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