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A taxpayer asks which marital status should be declared and whether they can apply reductions for compensatory pensions and alimony after signing a regulatory agreement but before the divorce decree. The DGT responds that, in the absence of a final decree, the marital status remains that of married.
Question posed: Marital status to be indicated in the Personal Income Tax return.
Divorce produces effects from the finality of the judicial sentence or the public deed of consent. As long as such a final sentence does not exist, the matrimonial bond persists. Therefore, it is not appropriate to apply the reduction for compensatory pensions or the regime of annuities for alimony for the amounts paid before the finality of the sentence.
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