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A mother with shared custody asks whether she can apply the alimony annuity regime for the period her child does not live with her. The DGT rules that, as she is entitled to the descendant minimum (pro-rated), she cannot apply the special provisions of Articles 64 and 75 of the LIRPF.
This ruling clarifies that taxpayers receiving the pro-rated descendant minimum cannot opt for the specific tax treatment of alimony annuities, limiting certain tax deduction options for shared custody arrangements.
The tax team reviews your specific situation.
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