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The DGT states that, lacking custody or guardianship, the worker must apply the regime of periodic child support payments but not the minimum for descendants when calculating tax withholding.
Question raised: The type of withholding applicable.
The parent who pays annual alimony payments by judicial decision and does not have custody or care (not even shared) must apply the regime for annual alimony payments, but not the minimum for descendants. Consequently, the children for whom alimony is paid do not count for the calculation of the withholding rate according to article 84 of the RIRPF. This criterion is based on the TEAC resolution of May 29, 2023.
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