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A query was made regarding when a marriage contracted abroad takes effect for joint taxation purposes following its recognition in Spain. The DGT has ruled that this possibility arises solely from the date of the judicial ruling for homologation.
Cuestión planteada Efectos del reconocimiento del matrimonio en España en lo que al Impuesto sobre la Renta de las Personas Físicas se refiere, en especial en lo concerniente a la tributación conjunta.
La posibilidad de tributar conjuntamente nace a partir de la fecha de la resolución judicial que homologa el matrimonio extranjero en España. Mientras no exista dicho pronunciamiento judicial, los cónyuges deben declarar de forma individual. Una vez dictada la resolución, no procede la regularización de declaraciones de años anteriores.
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