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A mother inquired whether she could file a joint tax return with her two minor daughters following the judicial annulment of a shared custody arrangement. The Directorate General of Taxes (DGT) ruled that joint taxation is permitted as custody has been restored in her favour.
Cuestión planteada Se pregunta si la madre puede tributar conjuntamente en 2018 con sus dos hijas (menores de edad).
En casos de separación o ausencia de vínculo matrimonial, la opción de tributación conjunta corresponde al progenitor que tenga la guarda y custodia de los hijos a la fecha de devengo del impuesto. Al quedar sin efecto la custodia compartida y reactivarse la guarda a favor de la madre, esta puede tributar conjuntamente con sus hijas en el periodo 2018.
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