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V0360-25 20 March 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · comunidad de bienes

Payment for exclusive use of property among co-owners does not generate income for the paying co-owner

A co-owner asks whether the payment they would make to other owners for exclusive use of the property constitutes a capital gain for them. The DGT responds that the payment is income from immovable capital for the other co-owners, but there is no payment to themselves.

The question raised

Question posed: Whether the amount that should theoretically be paid to oneself, as a co-owner, generates a capital gain and whether it must be taxed.

The DGT's ruling

The amount paid by the co-owner to the other owners constitutes income from real estate capital for the latter, pursuant to Article 22 of the Personal Income Tax Law (LIRPF). There is no simultaneous debt and right of collection in the taxpayer that would generate a theoretical payment to themselves. As the status of co-owner and assignee coincides in the same person, such possibility is excluded without affecting their income.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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