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A guardian of a sister with a disability seeks clarification on whether they can apply the personal allowance for descendants. The DGT rules that individuals linked by legal guardianship are treated as descendants and analyses the requirements for the deduction in the differential tax liability.
Cuestión planteada Aplicación del mínimo por descendientes.
Las personas vinculadas al contribuyente por razón de tutela se asimilan a los descendientes para la aplicación del mínimo por descendientes. Para aplicar la deducción de hasta 1.200 euros por descendiente con discapacidad, el contribuyente debe realizar una actividad por cuenta propia o ajena, o percibir prestaciones de desempleo o pensiones de la Seguridad Social, Clases Pasivas o mutualidades.
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