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A query was raised regarding how rental income should be individualised following marriage under the community property regime. The DGT ruled that income is attributed based on the legal ownership of the assets.
Cuestión planteada Individualización de los rendimientos de capital inmobiliario tras contraer matrimonio en régimen de gananciales.
La renta se obtiene en función de su origen o fuente, independientemente del régimen económico del matrimonio. Los rendimientos del capital se atribuyen a los titulares de los elementos patrimoniales según las normas de titularidad jurídica aplicables. En este caso, al tratarse de una vivienda privativa del consultante, los rendimientos inmobiliarios se imputan íntegramente a este.
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