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V2413-19 ·13 September 2019 ·consulta-vinculante Medium impact
Tax

Deposit returns are attributed based on actual ownership rather than bank records alone

A query was raised regarding the correct distribution of deposit returns between a mother (usufructuary) and two children (nuda owners). The DGT ruled that returns must be attributed to the actual owners in their respective proportions, covering both full ownership and usufruct, provided they are supported by reliable evidence.

In 6 key points

How it affects those involved

This ruling clarifies that tax liability for interest income follows the legal reality of ownership and usufruct rights, meaning bank account registration is not the sole determining factor for tax attribution.

Lifecycle

2019-09-13PublishedPublished 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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