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A query was raised regarding whether a reservation of title in a real estate donation affects the imputation of income for Personal Income Tax (IRPF) purposes. The Directorate General for Taxes (DGT) ruled that if possession and enjoyment belong to the donees, they must include the income in their tax returns.
Cuestión planteada Incidencia de la reserva de dominio en la tributación en el IRPF.
Conforme a la Ley del IRPF, los rendimientos procedentes de la titularidad de bienes inmuebles se derivan del arrendamiento o la cesión de derechos de uso o disfrute. Si en una donación con reserva de dominio la posesión y el goce de los inmuebles corresponden a los donatarios, serán estos quienes deban incluir las rentas inmobiliarias en sus declaraciones.
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