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A divorced father asks whether he can apply the minimum for his daughter with whom he does not cohabit but who is economically dependent. The DGT confirms this is possible, provided it is not a judicially established child support payment.
Cuestión planteada Aplicación del mínimo por descendientes.
El mínimo por descendientes se puede aplicar si el descendiente es dependiente del contribuyente, asimilándose la dependencia a la convivencia. En este caso, al no aplicarse el régimen de anualidades por alimentos por decisión judicial (artículos 64 y 75 LIRPF), el interesado tiene derecho al mínimo prorrateándose por partes iguales entre los progenitores.
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