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V3600-20 17 December 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · patrimonio protegido

The expenditure of money for the vital needs of the beneficiary is not considered an act of disposal of the protected assets

The inquirer asks whether using money from the protected assets of their disabled child for home adaptation works is considered an act of disposal. The DGT responds that such expenditure does not constitute a disposal of assets for the purpose of the four-year maintenance requirement.

The question raised

Question posed: Whether the use of money forming part of the protected assets for the aforementioned purpose is considered an act of disposal.

The DGT's ruling

The expenditure of money and the consumption of fungible goods integrated into the protected assets to meet the vital needs of the beneficiary is not considered a disposal of assets or rights. This applies to the requirement of maintaining contributions during the four years following the year of the contribution pursuant to Article 54.5 of the LIRPF. The taxpayer must prove the existence of the assets and the specific vital needs through means of proof admitted in Law.

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