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V1970-24 17 September 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · tributación conjunta

Impossibility of joint taxation with adult children and rules for shared custody

A mother inquires as to who should file a joint tax return with her two children: a 22-year-old daughter and a 15-year-old son under shared custody. The DGT responds that joint taxation is not possible with the adult daughter and that, in the case of the minor son, either parent may exercise the option for joint taxation, but not both simultaneously.

The question raised

Question posed: Which parent is responsible for filing the 2024 Personal Income Tax (IRPF) return jointly with the two common daughters.

The DGT's ruling

Adult children do not form part of the parents' family unit; therefore, a joint tax return cannot be filed with them. In cases of shared custody, either parent may opt for joint taxation, but if one does so, the other must file an individual return. If both were to file a joint return with the minor child, the Administration could regularize the situation.

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