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V0154-18 26 January 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital inmobiliario

Short-term holiday lets without additional services classified as income from real estate capital

Two siblings sought guidance on how to declare income from the holiday rental of two properties held in joint ownership. The DGT ruled that if no hotel-like services are provided and no full-time staff are employed, the income is classified as income from real estate capital.

The question raised

Classification and individualization of the income received from said lease for Personal Income Tax purposes.

The DGT's ruling

If the tourist lease is limited to the temporary provision of the dwelling without hospitality services (cleaning, restaurant, etc.) and no person is employed under a full-time employment contract, the income constitutes returns on real estate capital. Such returns are attributed to each owner according to their legal ownership of the properties.

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