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Form 100. Personal Income Tax Return Declaration 2017

8.9.8. Deduction for ascendants caring for persons with disabilities

They will be entitled to receive a deduction of up to 1,200 euros per year, for each disabled ascendant entitled to the application of the minimums for ascendants and for the disability of that ascendant.

Taxpayers will be entitled to receive the deduction in proportion to the number of months in which the disability situation occurs simultaneously with the performance of an activity on their own or as an employee for which they are registered in the corresponding Social Security or alternative Mutual Fund scheme, or the receipt of contributory or assistance benefits from the unemployment protection system, or pensions paid by Social Security, Passive Classes or by alternative Social Security Mutual Funds.

Amounts will be prorated based on the number of months in which requirements are met.

The determination of the number of months for calculating the deduction will take into consideration the disability situation on the last day of each month.

  • For the group of taxpayers who carry out an activity on their own or employed by others with contributions (Group 1), the deduction limit will be , for each of the deductions (descendants, ascendants, large family, ascendant with two children) the amount of said contributions, without taking into consideration any bonuses that may apply.

  • For the group that receives benefits from the unemployment protection system or is a pensioner (Group 2), this limitation will not exist, and they will be entitled to apply the deduction for each month in which, at least, the disability situation and the receipt of any type of benefit coincide.

When two or more taxpayers are entitled to apply the deduction for the same ascendant, the amount will be prorated between them in equal parts. The right to receive the deduction may be transferred.

Assignment of the right to receive the deduction

When two or more taxpayers are entitled to apply the deduction and the right is transferred to one of them, the amount will not be prorated, but will be applied in full by the taxpayer in whose favor the deduction was transferred.

For the calculation of the deduction :

  • The deduction will be valid for the months in which any of the taxpayers who are entitled to it meet the requirements.

  • For Group 1, the total contributions and fees to Social Security and Mutual Societies corresponding to all taxpayers who are entitled to the deduction will be taken into account jointly.

  • For Group 2 no limit will be taken into account.

  • Any amounts that have been received in advance will be considered to have been obtained by the taxpayer in whose favour the deduction has been assigned.

When the advance perception of the deduction has been opted for by submitting a collective application, the right to the deduction will be deemed to have been transferred to the first applicant.

In the remaining cases, the right to the deduction will be deemed to be transferred to the taxpayer who applies the deduction in his or her return, and this circumstance must be stated in the return of all taxpayers who have the right to the deduction.

Compatibility

This deduction is compatible with the maternity deduction and the large family deduction.

This deduction will reduce the differential tax rate. Therefore, if your declaration results in a refund, the refund amount will increase and if the result of the declaration is positive, the amount to be paid will decrease.

  1. 8.9.8.1. Completion