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V1905-22 7 September 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · patrimonio protegido

Expenditure of money for vital needs is not considered a disposal of assets for the reduction of Personal Income Tax (IRPF)

Parents inquire whether they can apply the reduction for contributions to a protected estate of their child with a disability. The DGT responds that the expenditure of money and consumption of fungible goods to meet vital needs is not considered a disposal of assets for the purposes of the four-year maintenance requirement.

The question raised

Question posed: Whether the parents can apply the reductions for contributions to protected estates of persons with disabilities established in Article 54 of the LIRPF in their 2022 Personal Income Tax return.

The DGT's ruling

The expenditure of money and the consumption of fungible goods integrated into the protected estate to meet the vital needs of the beneficiary must not be considered a disposal of assets or rights. This prevents the application of the regularization of tax benefits under Article 54.5 of the LIRPF. However, the establishment of the estate must be effective, and the taxpayer must prove the vital needs and the existence of the estate through means of evidence.

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