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A taxpayer inquired whether he and his spouse could both claim the personal allowance for their child. The Directorate General for Taxes (DGT) ruled that if the child's annual income does not exceed €8,000 and they do not file a tax return with income exceeding €1,800, both parents are entitled to apply the allowance.
Cuestión planteada Si pueden el consultante y su cónyuge aplicar el mínimo por descendientes por su hijo.
Cuando dos contribuyentes tienen derecho al mínimo por descendientes respecto al mismo hijo, el importe se prorrateará por partes iguales si declaran individualmente. Si optan por la declaración conjunta, se aplicará el importe total del mínimo. Para ello, el descendiente no debe tener rentas anuales superiores a 8.000 euros ni presentar declaración con rentas superiores a 1.800 euros.
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