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A query was raised regarding whether a self-employed spouse working as a non-remunerated collaborator can apply for the maternity tax deduction. The Directorate General of Taxes (DGT) has ruled that the regulation requires being registered with Social Security or a Mutual Fund while performing self-employed or employed activities.
Cuestión planteada Si su cónyuge tiene derecho a aplicar la deducción por maternidad.
Para acceder a la deducción por maternidad, la beneficiaria debe realizar una actividad por cuenta propia o ajena y estar dada de alta en el régimen correspondiente de la Seguridad Social o Mutualidad. La comprobación de si se cumplen estos requisitos de hecho corresponde a los órganos de gestión e inspección de la Administración Tributaria.
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