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A taxpayer with shared custody wishes to file a joint tax return with their daughter. The Directorate General of Taxes (DGT) rules that while this would require the mother to file individually, if the mother were also to include the daughter in her family unit, the minor would belong to two units simultaneously, which is prohibited.
Cuestión planteada Cómo debe presentar su declaración de IRPF en 2022 y ejercicios siguientes.
En casos de guarda y custodia compartida, cualquiera de los progenitores puede optar por la tributación conjunta. Sin embargo, nadie puede formar parte de dos unidades familiares al mismo tiempo. Si un progenitor opta por la conjunta, la unidad familiar debe incorporar a todos los hijos menores, sean comunes o no. Por tanto, si el hijo forma parte de la unidad del padre, no puede formar parte de la unidad de la madre.
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