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A query was raised regarding which party should be taxed on rental income from properties where the taxpayer holds the usufruct and their children hold the bare ownership. The DGT ruled that the income belongs to the usufructuary, as they are the holder of the right from which the income derives.
This ruling clarifies that for tax purposes, the right to receive rental income rests with the usufructuary rather than the bare owner, ensuring consistency in the attribution of real estate capital income.
The tax team reviews your specific situation.
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