Questão jurídica principal
Whether the appellant was entitled to the federal couple tariff under Art. 214(2) LIFD.
Decisão extraída
No. The couple tariff cannot be granted simultaneously to both separated or divorced parents; here it belonged only to the parent with legal custody and main support obligations, i.e. the father.
Fundamentação extraída
Systematic interpretation of the LIFD, especially the taxation and deduction scheme for maintenance payments, shows that only one parent may receive the preferential tariff for the same child. The appellant's informal alternating-care arrangement did not override the civil-law allocation of parental authority.