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The tax nature of a sum received from the use of a family home after separation is examined. The DGT determines that the daughter's right to use the home arises by law, not by a real right.
Cuestión planteada Tributación de la cantidad percibida.
El derecho de la hija al uso de la vivienda familiar surge por ministerio de la ley y no por la constitución de un derecho real. Por tanto, la cantidad percibida tiene la calificación de ganancia patrimonial según el artículo 33.1 de la Ley 35/2006. Al no proceder de una transmisión de elementos patrimoniales, se considera renta general y debe integrarse en la base imponible general.
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