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A query was raised regarding which parent is entitled to file a joint Personal Income Tax (IRPF) return in a case where the parents are not married and have a daughter. The Directorate General of Taxes (DGT) ruled that only one of the parents may form a family unit with the children living with them.
Cuestión planteada ¿Quién debe presentar la declaración conjunta por el Impuesto sobre la Renta de las Personas Físicas?
En ausencia de vínculo matrimonial, solo uno de los progenitores podrá formar unidad familiar con todos los hijos con los que conviva y que reúnan los requisitos legales para presentar la declaración conjunta. El otro progenitor deberá optar por declarar de forma individual. Nadie puede formar parte de dos unidades familiares al mismo tiempo.
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