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A query was made regarding the classification of payments received by landowners after entering into a surface rights agreement. The DGT has determined that both the payments and the delivery of the building upon expiry of the right are classified as income from real estate capital.
Cuestión planteada Calificación de la renta pactada.
Las cantidades pagadas por el superficiario tienen la naturaleza de rendimientos del capital inmobiliario para los propietarios del suelo. Asimismo, la entrega de lo edificado al extinguirse el derecho de superficie se considera un rendimiento en especie, valorado por su valor normal en el mercado.
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