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V0769-16 25 February 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · atribución de rentas

Rehabilitation grants received by a homeowners' association are attributed to co-owners

A homeowners' association sought clarification on how state and regional grants for building rehabilitation should be attributed for Personal Income Tax (IRPF) purposes. The Directorate General for Taxes (DGT) ruled that the grant constitutes a capital gain that must be attributed to owners according to their share of ownership, unless the specific aid regulations exclude certain members.

The question raised

Question posed: Attribution, for Personal Income Tax purposes, of the amount of the subsidy.

The DGT's ruling

The subsidy constitutes a capital gain due to the variation in the value of the taxpayer's assets. It shall be attributed to each owner according to their participation coefficient in the building, in accordance with the Horizontal Property Law. However, if the aid regulations exclude certain owners for failing to meet requirements, the aid shall only be attributed to those who do comply with the subsidy regulations.

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