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Practical Income Manual 2023.

For ascendants over 75 years of age or over 65 years of age with disabilities

Regulations: Art. 4.Uno.h), Four and Five and Sixth Additional Provision Law 13/1997, of December 23, which regulates the autonomous section of the Personal Income Tax and other transferred taxes, of the Valencian Community

Deduction amount

197 euros for each ascendant in a direct line, by consanguinity, affinity or adoption, over 75 years of age , or over 65 years who is considered a person with a disability in the terms discussed below:

  • Recognized degree of physical or sensory disability: equal to or greater than 65 percent .

  • Recognized degree of mental disability: equal to or greater than 33 percent .

The degree of disability must be accredited by means of the corresponding certificate issued by the competent bodies of the Generalitat or by the corresponding bodies of the State or other autonomous communities.

The specific provisions provided for in favor of people with physical or sensory disabilities, with a degree of disability equal to or greater than 65 percent, or people with mental disabilities, with a degree of disability equal to or greater than 33 percent, will apply to people with disabilities whose disability is declared judicially, even if it does not reach that degree.

The conservatorship with full powers of representation established by judicial resolution will be assimilated to a degree of disability of 65 percent.

The specific provisions provided for in favor of people with physical or sensory disabilities, with a degree of disability equal to or greater than 33 percent, will apply to Social Security pensioners who have a recognized total, absolute or major permanent disability pension. disability, and in the case of pensioners from passive classes who have a recognized retirement or retirement pension due to permanent incapacity for service or uselessness.

Requirements and other conditions for the application of the deduction

  • That the ascendants live with the taxpayer for at least half of the tax period. Among other cases, ascendants with disabilities who, depending on the taxpayer, are admitted to specialized centers will be considered to live with the taxpayer.

  • That the ascendants do not have annual income , excluding exempt ones, exceeding 8,000 euros.

  • That ascendants do not file a declaration for Personal Income Tax with income greater than 1,800 euros.

  • That the sum of the general taxable base and the taxable base of the taxpayer's savings , boxes [0500] and [0510] of the declaration, is not greater than :

    • - 30,000 euros in individual declaration.

    • - 47,000 euros in joint declaration.

  • The determination of the personal and family circumstances that must be taken into account will be carried out taking into account the situation existing on the date of accrual of the tax (normally, December 31).

  • When more than one reporting taxpayer is entitled to the application of this deduction with respect to the same ascendants, the amount thereof will be prorated among them in equal parts .

    However, when the reporting taxpayers have a different degree of relationship with the ascendant, the application of the deduction will correspond to those of the closest degree, unless they do not have annual income, excluding the exempt ones, greater than 8,000 euros, in which case it will correspond to those of the next grade.

Deduction limits according to taxable base

  • The full amount of the deduction (197 euros) will only be applicable to taxpayers whose sum of the general taxable base and the savings taxable base (boxes [0500] and [ 0510] of the declaration) is less than 27,000 euros, in individual taxation, or less than 44,000 euros, in joint taxation .

  • When the sum of the general taxable base and the taxable base of the taxpayer's savings is between 27,000 and 30,000 euros , in individual taxation, or between 44,000 and 47,000 euros , in joint taxation, the amounts of the deduction will be the following:

    1. In individual taxation, the result of multiplying the amount of the deduction (197 euros) by a percentage obtained by applying the following formula:

      100 × (1 – the coefficient resulting from dividing by 3,000 the difference between the sum of the general taxable base and the taxpayer's savings and 27,000)

    2. In joint taxation , the result of multiplying the amount of the deduction (197 euros) by a percentage obtained by applying the following formula:

      100 × (1 – the coefficient resulting from dividing by 3,000 the difference between the sum of the general taxable base and the taxpayer's savings and 44,000)