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V0802-20 8 April 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · mínimo por descendientes

The minimum allowance for descendants is prorated in equal parts between parents if the daughter does not file a tax return

A taxpayer inquires whether he and his spouse can apply the minimum allowance for descendants for their 23-year-old daughter. The DGT responds that, if the daughter does not file a tax return, the allowance is divided 50% between both parents.

The question raised

Question posed: Whether he and his spouse can apply the minimum allowance for descendants for their daughter in their respective individual personal income tax returns.

The DGT's ruling

If the parents are entitled to the minimum allowance for descendants, its amount shall be prorated between them in equal parts. The allowance may not be applied if the descendant files a tax return with income exceeding 1,800 euros. Furthermore, the descendant must not have annual income exceeding 8,000 euros for the allowance to be applicable.

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