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A divorced father with joint custody asks whether he can file his personal income tax return jointly with his minor children. The Directorate General of Taxes (DGT) responds that in joint custody cases, either parent may exercise the option for joint taxation.
Cuestión planteada Si tiene derecho a presentar declaración de IRPF de forma conjunta con sus hijos.
En supuestos de guarda y custodia compartida, la opción de la tributación conjunta puede ejercitarla cualquiera de los dos progenitores, optando el otro por declarar de forma individual. No es posible que ambos progenitores formen parte de dos unidades familiares al mismo tiempo. Si ambos presentasen declaración conjunta con los hijos, la Administración podría regularizar la situación tributaria.
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