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Practical manual for Income Tax 2023.

By birth, adoption or foster care

Regulations: Art. 4.One.a), Four and Five Law 13/1997, of December 23, regulating the autonomous section of the Personal Income Tax and other transferred taxes, of the Valencian Community

Amount of deduction

  • 300 euros for each child born or adopted during the tax period.

  • 300 euros for each fostered in a foster care regime with an educator family, urgent, temporary or permanent, administrative or judicial during the tax period.

    Therefore, for these purposes, the provisions of article 173 bis of the Civil Code shall apply, which regulates the types of foster care, differentiating between emergency, temporary and permanent foster care.

In the event that the duration of the foster care within the tax period is less than a calendar year, as a result of the death of the taxpayer, the deduction amount will be prorated based on the percentage resulting from dividing the number of days of the duration of the foster care by the number of days that comprise the taxpayer's tax period (from January 1 to the date of death).

Requirements and other conditions for the application of the deduction

  • That the child born or adopted or, where appropriate, the foster child meets the requirements that entitle him/her to the application of the corresponding minimum for descendants established by the state regulations governing IRPF .

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

    • - 30,000 euros in individual declaration.

    • - 47,000 euros in joint declaration.

  • The foster care regime that entitles the deduction to be applied will be that defined in article 127, section 2, of Law 26/2018, of December 21, on the rights and guarantees of children and adolescents, said deduction being prorated based on the number of days of duration of the foster care within the tax period.

    Note: Please note that although Article 4.One.a) of Law 13/1997 mentions Law 12/2008, of July 3, on comprehensive protection of children and adolescents in the Valencian Community, said law has been repealed by Law 26/2018, of December 21, on the rights and guarantees of children and adolescents, effective December 25, 2018.

  • When more than one reporting taxpayer is entitled to apply this deduction, its amount will be prorated among them in equal parts.

Deduction limits based on taxable base

  • The full amount of the deduction (300 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 savings taxable base of the taxpayer is between 27,000 and 30,000 euros , in individual taxation, or between 44,000 and 47,000 euros , in joint taxation, the deduction amounts will be the following:

    1. In individual taxation , the result of multiplying the amount of the deduction (300 euros) by a percentage obtained from the application of the following formula:

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

    2. In joint taxation , the result of multiplying the amount of the deduction (300 euros) by a percentage obtained from the application of the following formula:

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

Compatibility

These deductions are compatible with the deductions "For multiple births or adoptions", "For birth or adoption of children with disabilities" and "For large or single-parent families" discussed below.

Temporal scope of application of the deduction in the case of birth or adoption

In the case of birth or adoption, the deduction can also be applied in the two fiscal years following the birth or adoption.