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V1103-23 ·4 May 2023 ·consulta-vinculante Medium impact
Tax

Joint tax filing with a child is not permitted if the other parent is already filing jointly with them

A mother inquired whether she could file a joint tax return with her daughter while the father of her son is already filing jointly with him. The Directorate General for Taxes (DGT) ruled that if one parent opts for joint taxation with a child under shared custody, the other parent must file an individual tax return.

In 5 key points

How it affects those involved

This ruling clarifies the limitations of joint tax filing in shared custody arrangements, ensuring that a child can only be included in one parent's joint tax return.

Lifecycle

2023-05-04PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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