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A guardian asks whether he or his mother has priority in applying the minimum per disabled descendant for his brother. The DGT rules that the mother is entitled to this because she cohabits with the descendant.
Cuestión planteada Quién de los dos familiares, la madre o el hijo tutor consultante, tiene preferencia para para aplicar el mínimo por descendiente referenciado en el artículo 58 de la LIRPF.
El mínimo por descendientes se aplica a personas con discapacidad que convivan con el contribuyente y no superen los 8.000 euros de rentas anuales. En este caso, la madre tiene el derecho a aplicar dicho mínimo en su declaración por razón de convivencia.
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