How the DGT's position has evolved
Current position
In cases of shared custody, the option for joint taxation may be exercised by either parent, but the children must be integrated into a single family unit. The parent with custody is entitled to the personal allowance for descendants as of the tax accrual date. There is an incompatibility between this allowance and the regime of child support annuities for the parent who does not have custody.
The DGT's position remains constant regarding the impossibility of a descendant being part of two family units simultaneously. The evolution focuses on technical precision regarding the application of personal allowances for descendants and their incompatibility with child support annuities. No doctrinal shifts are observed, but rather greater specificity in the application of the LIRPF (Personal Income Tax Law).
Turning points
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Specifies the incompatibility between the personal allowance for descendants and the regime of child support annuities, assigning the right to the allowance to the parent who has custody as of the accrual date.
Analysis based on 48 of 51 rulings with a stated position. Updated 19 September 2026.