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A taxpayer inquired whether they could claim the personal allowance for their eldest child after agreeing with their ex-spouse that the minor would live with them, without notifying the court. The Directorate General of Taxes (DGT) ruled that, as there is no judicial resolution approving said change, the private agreement has no tax effectiveness.
Cuestión planteada Aplicación de mínimo por descendientes.
Las modificaciones de un convenio regulador que no se tramiten mediante los procedimientos de la Ley de Enjuiciamiento Civil carecen de validez frente a terceros. Por tanto, ante la ausencia de homologación judicial, los cambios en la custodia no tienen eficacia fiscal para la aplicación del mínimo por descendientes. El derecho a dicha reducción pertenece a quien ostente la guarda y custodia según la resolución judicial vigente al 31 de diciembre.
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