Income tax return on the minor’s assets: the rules for legal usufruct


The 2020 tax campaign is in full swing and here we want to analyze a particular aspect of the income tax return to be presented in these periods. We refer to the case of parents who havelegal usufruct on the assets of the children.

Current legislation provides that parents exercising authority have in common the use of the property of the minor child (art. 324 of the Civil Code paragraph 1). However, by express provision (paragraph 3) a series of assets are not included in the legal usufruct, that is: the goods purchased by the son with the proceeds of his work; the goods left or donated to the child to pursue a career, an art or a profession; the goods left or donated with the condition that the parents exercising the authority or one of them will not have the usufruct (the condition, however, has no effect on the assets due to the child as legitimate); the assets received by the son by inheritance, tied or donation and accepted in the interest of the child against the will of the parents exercising the power (if only one of them was in favor of acceptance, the legal usufruct belongs exclusively to these); survivors’ pensions paid by anyone.

In any case, the goods covered by the legal usufruct are subject to a specific one target constraint provided by paragraph 2 of the same art. 324 of the Italian Civil Code, pursuant to which the fruits received must be destined for the maintenance of the family and for the education and upbringing of children.

The minor’s tax return

As can also be seen from the ministerial instructions to the income tax return forms (Model 730 and Income Model), the parents must also include in their declaration the income of the minor children on whom they have the legal usufruct. The income of minor children not subject to legal usufruct must, however, be declared in the name of each child by one of the parents (if the power is exercised by only one of the parents, the declaration must be submitted by the latter).

In this second case, in detail, if the Model 730 on behalf of the minor, the parent must present a double declarative model. In the first one, tick the box “declarer “And the box”minor“And must report the personal data and income of the taxpayer to whom the declaration refers. In the second model it is necessary to cross the line “Taxpayer“, The box”Representative or guardian or heir“And fill in only the boxes”Personal data” is “Registered residence“, Including the line”telephone and e-mail”, Reporting the parent’s data. The field “must not be filled in”date of the change“And the box” must not be crossedStatement filed for the first time“.

If, on the other hand, the parent presents on behalf of the youngest child, the Revenue Model PF, you must tick the box 8 (minor) in the section “Taxpayer data“And also fill in the box”Reserved for those who submit the declaration on behalf of others“.

It is recalled that the subjects required to submit the declaration on behalf of an incapacitated person, including the minor, can use the Model 730, provided that the taxpayer for whom the declaration is presented has the conditions to use this model.

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