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A taxpayer resident in Spain inquired whether they could file a joint tax return with their wife and children, who reside in a non-EU country. The Directorate General for Taxes (DGT) ruled that a joint return requires all members to be personal income tax (IRPF) taxpayers, meaning they must be tax residents in Spain.
Cuestión planteada Si puede presentar declaración conjunta con su mujer e hijos.
La tributación conjunta es un régimen opcional para contribuyentes del IRPF que integran una unidad familiar. No pueden presentar declaración conjunta personas que no sean contribuyentes de este impuesto, lo que requiere tener la residencia fiscal en España. Las deducciones y opciones derivadas del derecho comunitario no se aplican a unidades familiares cuyos miembros no residan en la Unión Europea o el Espacio Económico Europeo.
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