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V0024-15 8 January 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · mínimo por descendientes

The personal allowance for descendants belongs to the parent with custody of the children

A divorced taxpayer asks whether they can claim the personal allowance for descendants despite not living with their children, based on the payment of child maintenance. The Directorate General of Taxes (DGT) responds that cohabitation is a necessary requirement and that the right to the allowance belongs to the parent who holds custody.

The question raised

Question raised: Application of the minimum for descendants, considering the Constitutional Court Judgment 19/2012, of February 15, 2012.

The DGT's ruling

To apply the minimum for descendants, the regulations require that the descendant cohabits with the taxpayer. In cases of separation, the minimum corresponds to the parent who has custody and care at the date of accrual. If custody and care are shared, the minimum shall be prorated in equal parts between the parents.

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