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A married couple owning a property under the community property regime (gananciales) requested clarification on how to individualise rental income. The Directorate General of Taxes (DGT) ruled that, as this does not constitute an economic activity, income must be attributed according to the legal ownership of the assets.
This ruling clarifies that rental income from assets held in community property must be split equally between spouses, as it is treated as investment income rather than business income.
The tax team reviews your specific situation.
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