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V0967-19 ·7 May 2019 ·consulta-vinculante Medium impact
Tax

No imputed real estate income for illegally occupied properties if eviction proceedings have commenced

A taxpayer inquired whether they must declare income for a property lent free of charge to their brother and another property that is illegally occupied. The Directorate General for Taxes (DGT) ruled that free transfers of use trigger imputed income, whereas illegally occupied properties are exempt from such imputation once eviction proceedings have been initiated.

In 6 key points

How it affects those involved

This ruling clarifies the tax treatment for property owners facing illegal occupation, providing relief from imputed income obligations provided that legal action to recover the property is underway.

Lifecycle

2019-05-07PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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