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V1973-24 17 September 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · mínimo por ascendientes

Minimum allowances for ascendants or disability cannot be applied to mothers-in-law

A taxpayer inquired whether they could apply the minimum allowances for ascendants and disability in respect of their mother-in-law. The Directorate General for Taxes (DGT) ruled that the concept of an ascendant requires a direct lineal relationship and does not include relatives by affinity, such as mothers-in-law.

The question raised

Question posed: Whether they can apply, together with their spouse, the minimum for ascendants for their mother-in-law, as well as the minimum for disability for her, and the deduction for ascendants with disability in their care.

The DGT's ruling

The concept of ascendant for the minimums for ascendants and disability requires a kinship bond in a direct line by consanguinity or adoption, excluding relatives by affinity such as parents-in-law. Therefore, the taxpayer is not entitled to these minimums for their mother-in-law. Likewise, the spouse may not apply them if the mother's annual income exceeds 8,000 euros or if she does not certify a degree of disability equal to or greater than 33% through a certificate from the competent body.

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