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V1762-21 4 June 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por cónyuge con discapacidad

Both spouses may apply the deduction for a dependent spouse with a disability to their Personal Income Tax (IRPF)

A query is made as to whether two spouses, both with disabilities and receiving income of less than 8,000 euros, may each apply the deduction for a dependent spouse with a disability. The DGT responds that both may apply it in their tax returns, whether individual or joint, provided they meet the legal requirements.

The question raised

Question posed: Whether both spouses may respectively, in their IRPF tax return, whether individual or joint, apply the deduction for a dependent spouse not legally separated with a disability.

The DGT's ruling

The deduction for a spouse not legally separated with a disability may be applied by taxpayers who carry out self-employed or employed activities, or who receive Social Security pensions or unemployment benefits. To apply it, the spouse with a disability must not have annual income (excluding exempt income) exceeding 8,000 euros, nor generate the right to deductions for descendants or ascendants with disabilities. The amount shall be calculated proportionally to the number of months in which the requirements are met and within the legal limits.

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