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V1969-24 17 September 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · patrimonio protegido

No tax reductions for IRPF contributions to protected assets in the capacity of an assistant

A caregiver appointed as an assistant to a person with a disability via public deed has enquired whether they can apply tax base reductions for making contributions to that person's protected assets. The DGT has ruled that the status of assistant does not entitle the individual to these tax benefits.

The question raised

Question posed: Whether the corresponding reductions for said contributions to protected assets can be applied in their Personal Income Tax (IRPF) return.

The DGT's ruling

The designation as an assistant for the exercise of legal capacity, pursuant to Article 255 of the Civil Code, does not allow for the application of reductions for contributions to protected assets provided for in Article 54 of the Personal Income Tax Law (LIRPF). The right to the reduction is limited to direct or collateral relatives up to the third degree, spouses, or persons in a guardianship or foster care arrangement with the person with a disability.

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