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V2977-18 19 November 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por maternidad

The increase in the maternity deduction is not applicable once the minor reaches 3 years of age and is eligible to begin the second cycle of early childhood education

A taxpayer inquired whether she could apply the increase in the maternity deduction for nursery school expenses after her child turned 3 years old, as the child remained in the first cycle of early childhood education due to psycho-pedagogical recommendation. The DGT responded that the increase is not applicable once the minor reaches 3 years of age and has the possibility of beginning the second cycle of early childhood education.

The question raised

Question posed: Whether there is a right to the increase in the maternity deduction provided for in Article 81.2 of the LIRPF.

The DGT's ruling

The increase in the maternity deduction for childcare expenses may be applied during the period in which the child turns three years of age regarding the expenses incurred up to the month preceding the start of the second cycle of early childhood education. Therefore, the increase provided for in Article 81.2 of the LIRPF is not applicable once the minor reaches 3 years of age and is eligible to begin said second cycle.

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