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An adult with a 72% disability queried whether they could file their personal income tax return jointly with their mother. The Directorate General of Taxes (DGT) ruled that this is not possible as the requirements for family unity are not met.
Cuestión planteada - Si puede presentar su declaración de IRPF-2021 de forma conjunta con su madre y cuidadora.
Para tributar conjuntamente, la unidad familiar debe cumplir las modalidades del artículo 82 de la LIRPF. En el caso de hijos mayores de edad, solo pueden formar unidad familiar con uno de los progenitores si son incapacitados judicialmente sujetos a patria potestad prorrogada o rehabilitada. Al no reunir la consultante estos requisitos, no puede formar unidad familiar con su madre.
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