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A couple living with three biological children and two minors in temporary foster care has enquired whether they can file tax returns jointly. The DGT clarifies that, due to the lack of a marital bond, only one parent can form a family unit with the biological children, and that the personal allowance for descendants must be apportioned between both parents to also include the children in foster care.
Cuestión planteada Tributación conjunta y mínimo por descendientes.
Sin vínculo matrimonial, solo un miembro de la pareja puede formar unidad familiar con los hijos para la declaración conjunta. Los menores en acogimiento temporal no integran la unidad familiar para la tributación conjunta, pero sí permiten aplicar el mínimo por descendientes. En este caso, al convivir ambos progenitores con los cinco menores, el mínimo por descendientes (tanto de hijos biológicos como de acogidos) debe prorratearse al 50% entre ambos.
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