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V0868-20 15 April 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · mínimo por descendientes

Parents may claim the personal allowance for descendants if the child does not file a tax return or if their income is below €1,800

A query was raised regarding whether parents can claim the tax allowance for a 21-year-old child who earned €3,400 annually. The Directorate General of Taxes (DGT) ruled that if the child is not required to file a tax return, or if their declared income does not exceed €1,800, the parents may apply the allowance prorated between them.

The question raised

Question raised: In the event that a 21-year-old descendant, who has obtained employment income amounting to approximately 3,400 euros per year during the fiscal year, files an IRPF tax return, it is questioned whether their parents could apply the corresponding minimum allowance for descendants in their IRPF tax return.

The DGT's ruling

Parents are entitled to the minimum allowance per descendant provided that the descendant cohabits with them and does not have income exceeding 8,000 euros. The minimum allowance may not be applied if the descendant files a tax return for income exceeding 1,800 euros. If the descendant does not file a tax return, the minimum allowance shall be prorated equally between both parents.

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What is published here, applied to a company or a specific case. The first meeting is free.

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