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V0959-21 19 April 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · atribución de rentas

Rental income from common areas attributed to owners as income from real estate capital

A query was raised regarding whether income earned by a homeowners' association from the rental of common areas must be declared for Personal Income Tax (IRPF) purposes. The Directorate General for Taxes (DGT) ruled that this income is attributed to each owner according to their share of participation.

The question raised

Question posed: Whether such income must be declared in the Personal Income Tax of the taxpayer.

The DGT's ruling

Homeowners' associations are not taxpayers of Personal Income Tax (IRPF), but rather entities under the income attribution regime. Income from the leasing of common elements is attributed to the owners according to their participation coefficient in the building. Such earnings shall have the nature of income from real estate capital, unless they meet the requirements to be considered an economic activity. The attribution must be carried out regardless of the purpose for which the association uses the income.

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