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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. Al no tratarse de un derecho real transmisible u oponible a terceros, la cantidad percibida tiene la calificación de ganancia patrimonial según el artículo 33.1 de la Ley del IRPF. Dicha ganancia se corresponderá con la cantidad percibida conforme al artículo 34.1 de la citada norma.
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