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A taxpayer asks whether they can claim the full minimum allowance for their two daughters, as the father is a resident in England and does not qualify for the allowance. The DGT responds that, since the spouse is not a tax contributor, the taxpayer is entitled to the full minimum allowance if the legal requirements are met.
Cuestión planteada Si se puede aplicar el 100% del mínimo por descendientes, por residir las dos niñas de siete años con la consultante.
Si el otro progenitor es no residente fiscal en España y, por tanto, no es contribuyente del IRPF, la consultante tendrá derecho a aplicar el mínimo por descendientes en su totalidad. Para ello, debe cumplirse que los descendientes convivan con el contribuyente, no tengan rentas anuales superiores a 8.000 euros y no presenten declaración por IRPF con rentas superiores a 1.800 euros.
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