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A taxpayer inquired whether they could file a joint tax return with their civil partner and their two children. The Directorate General of Taxes (DGT) ruled that a civil partnership does not constitute a family unit and that only one parent can form a family unit with the children based on actual cohabitation.
Cuestión planteada Si puede presentar declaración conjunta con sus dos hijos.
La pareja de hecho no configura unidad familiar para el IRPF. Solo uno de los progenitores podrá formar unidad familiar con los hijos para presentar declaración conjunta, dependiendo de con quién convivan realmente los menores. El empadronamiento no es prueba suficiente para acreditar la residencia y convivencia.
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