TLDR: Separate taxation is possible only in the year of marriage or PACS registration, via an irrevocable option exercised when filing the initial tax return. It is mandatory for married couples under the separate property regime who do not live together. The option is excluded if partners, already in a PACS from a previous year, marry each other.
General Principle: Joint Taxation
Married couples or those in a PACS are by default subject to joint taxation for the entire year of marriage or PACS registration. This system automatically applies to all income earned by both members of the tax household.
Option for Separate Taxation: Cases and Conditions
You can opt for separate taxation exclusively in the year of marriage or PACS registration. This option covers:
- Your personal income;
- Your share of joint income (if not otherwise justified, this income is split equally).
The option is irrevocable and must be exercised within the deadlines for filing the initial income tax return.
Exclusion of the Option
Separate taxation is not possible if you were already in a PACS from a previous year and then marry each other. In this case, joint taxation becomes mandatory.
Mandatory Separate Taxation
Separate taxation is mandatory for married couples under the separate property regime who do not live together. This rule applies regardless of the year of marriage or PACS registration.
Practical Consequences
Opting for separate taxation changes the taxable base: each member of the couple declares their personal income and their share of joint income. Deduction limits (expenses, allowances) are then assessed individually.
Special Cases and Limits
If you are entitled to a tax reduction prior to marriage or PACS registration, you can apply the corresponding portion to your individual return for the relevant year, with any remaining balance carried forward to the joint return. The applicable limit remains that for single individuals.