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The applicant asks whether a ruling of absolute permanent disability allows them to certify a disability degree of 65%. The DGT responds that they are entitled to a degree equal to or greater than 33%.
Cuestión planteada Qué grado de discapacidad se considera acreditado a efectos del Impuesto sobre la Renta de las Personas Físicas.
Para el IRPF, se considera persona con discapacidad a quien acredite un grado igual o superior al 33%. Los pensionistas de la Seguridad Social con pensión de incapacidad permanente total, absoluta o gran invalidez tienen acreditado dicho grado. La declaración judicial que permite acreditar un 65% se refiere exclusivamente a la incapacidad civil y no a resoluciones de otros ordenes jurisdiccionales.
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