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A query was raised regarding the classification of compensation received following the expropriation of rights of way and occupation of a plot. The Directorate General for Taxes (DGT) has determined that these amounts constitute income from real estate capital and must be attributed to the usufructuary.
Cuestión planteada Calificación de las citadas rentas.
La indemnización percibida por la expropiación, por todos sus conceptos, es un rendimiento íntegro del capital inmobiliario al ser contraprestaciones por la constitución de derechos de uso o disfrute sobre bienes inmuebles. Al existir desmembrado el dominio, la renta se atribuye íntegramente al titular del usufructo vitalicio.
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