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A taxpayer has enquired whether they can alternate with their former spouse regarding the joint tax declaration of children in joint custody cases. The Directorate General for Taxes (DGT) has ruled that either parent may exercise the option for joint taxation, but both parties cannot claim joint taxation simultaneously.
This clarification confirms the right of individual parents in joint custody arrangements to opt for joint taxation with their children, provided the other parent does not do so.
The tax team reviews your specific situation.
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