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V0482-21 ·4 March 2021 ·consulta-vinculante Medium impact
Tax

Shared custody: food allowance special rules do not apply if entitled to the minimum allowance for descendants

A taxpayer with shared custody and an obligation to pay child maintenance asks whether they can apply both the minimum allowance for descendants and the special rules for maintenance payments under Articles 64 and 75 of the IRPF. The DGT rules that this is not possible, as the special regime only applies when the parent is not entitled to the minimum allowance for descendants.

In 6 key points

How it affects those involved

This ruling clarifies the incompatibility between the minimum allowance for descendants and the special tax treatment for maintenance payments, limiting the tax benefits available to parents in shared custody arrangements.

Lifecycle

2021-03-04PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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