Income tax return: Deduction for dependents

The deduction for dependents applies to individuals who use the earned income tax identification number in their income tax return, having the possibility to deduct monthly up to 10% of their gross income, without exceeding 32 UVT in accordance with article 387 of the ET.

Next, we will answer the following question: Can the deduction for dependents be taken by both spouses if the limits are respected?

According to article 387 of the Tax Statute -ET-, natural persons who obtain earned income may deduct monthly up to 10% of their gross income for dependents, without exceeding 32 UVT per month, that is, 384 UVT per year ($12,732,000 for the taxable year 2018).

In this way, if there are two people in marital union and they have two minor children, both can argue that each one is taking one of the children as a dependent in their income tax return, taking into account the limits indicated by law. That is to say, each one must register in his income tax return one dependent, but the same dependent cannot be taken by both.

Additionally, taking into account what is contemplated in Article 1.2.4.1.18 of Decree 1625 of 2018, it is necessary to specify that in addition to children, parents who lack income, or those who receive income but it is less than 260 UVT ($8,621,000), may also be taken as dependents of the taxpayer, as long as they have a certificate from a public accountant.

On the other hand, it is worth mentioning that in boxes 107 and 108 of form 210, the identity document number and the relationship of the dependent must be recorded, indicating whether it is a child, spouse, sibling or parent. However, if these data are not recorded in such boxes, this does not prevent the respective deduction from being taken, since the same do not constitute more than information.

Source: Actualize