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V1797-18 21 June 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

The refund of floor clauses is not subject to Personal Income Tax (IRPF) and joint taxation is possible in shared custody

The inquirer asks whether the refund of interest due to floor clauses is subject to Personal Income Tax (IRPF) and how shared custody affects joint taxation and the personal allowance for descendants. The DGT responds that the refund does not form part of the taxable base and that in cases of shared custody, parents may opt for joint taxation.

The question raised

Issue raised: Taxation in Personal Income Tax (IRPF) of the aforementioned refund. Furthermore, questions are raised regarding the application of joint taxation and the personal allowance for descendants due to having a child with another person without a matrimonial bond, living separately and having agreed to share the custody of the child.

The DGT's ruling

The refund of amounts due to floor clauses and compensatory interest does not form part of the Personal Income Tax (IRPF) taxable base. In cases of shared custody between parents without a matrimonial bond, either of them may opt for joint taxation. The personal allowance for descendants shall be prorated in equal parts between the parents, unless the child has income exceeding 1,800 euros, in which case the allowance shall be applied by the person filing the joint tax return.

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