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A taxpayer inquired whether they could include their wife's brother in their joint tax return, noting that he lives with them and is under a curatorship regime. The Directorate General of Taxes (DGT) ruled that this is not possible, as the law does not recognise siblings as part of the family unit for this purpose.
Cuestión planteada ¿Puede la consultante aplicar la modalidad de tributación conjunta incluyendo al hermano de su esposa?
El artículo 82.1 de la LIRPF establece las modalidades de unidad familiar para la tributación conjunta, limitándolas a cónyuges e hijos bajo ciertas condiciones. No se contempla la posibilidad de incluir a un hermano de los contribuyentes, aunque este se encuentre bajo régimen de curatela.
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