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A taxpayer and his spouse grant the free use of a property owned by their community of property to their in-laws for use as a primary residence. The Directorate General for Taxes (DGT) rules that, even in the absence of actual income from the arrangement, real estate income must be imputed based on the cadastral value.
Cuestión planteada Tributación de la operación en el Impuesto sobre la Renta de las Personas Físicas.
Si se acredita que la cesión de un inmueble urbano a un pariente es gratuita, no se generan rendimientos del capital inmobiliario. No obstante, los propietarios deben realizar la imputación de rentas inmobiliarias establecida en el artículo 85 de la LIRPF. Dicha renta se calcula aplicando el porcentaje correspondiente sobre el valor catastral del inmueble.
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