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A legal guardian has enquired whether they are entitled to the tax relief for a dependent descendant regarding their disabled sibling with whom they do not reside. The Directorate General of Taxes (DGT) has ruled that they may apply both the descendant minimum and the disability tax relief, provided that the requirements for economic dependency and other legal limits are met.
Cuestión planteada Si tiene derecho a la deducción por descendiente a cargo.
El tutor legal de un hermano con discapacidad tiene derecho al mínimo por descendientes (art. 58 LIRPF) y a la deducción por descendiente con discapacidad (art. 81 bis LIRPF). Para el mínimo, la falta de convivencia se suple mediante la dependencia económica del tutelado respecto al contribuyente. Para la deducción, el beneficiario debe realizar actividad por cuenta propia o ajena, o percibir prestaciones de la Seguridad Social, pensiones o prestaciones de desempleo.
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