Skip to content
Back to index
V2556-16 10 June 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · mínimo por descendientes

Minimum allowance for descendants and disability tax relief must be apportioned between eligible taxpayers

A person appointed as guardian for their disabled sister asks how to apply the minimum allowance for descendants and the disability tax relief. The Directorate-General for Taxes (DGT) responds that both the guardian and the parents are entitled to these allowances, and the amounts must be apportioned equally between them.

The question raised

Question posed: Application of the descendant minimum.

The DGT's ruling

Persons linked by reason of guardianship are assimilated to descendants for the purpose of the descendant minimum. When two or more taxpayers are entitled to the application of the minimum for descendants, ascendants, or disability regarding the same individuals, the amount shall be prorated among them in equal parts. The same applies to the disability deduction under Article 81 bis, which is also prorated in equal parts among the taxpayers entitled to it.

Email
Contact