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The taxpayer inquires about the taxation of the gratuitous creation of a usufruct right over securities. The DGT indicates that this transaction is classified as income from movable capital.
Cuestión planteada Tributación en el Impuesto sobre la Renta de las Personas Físicas.
La constitución o cesión de derechos de uso o disfrute sobre valores representativos de la participación en fondos propios se califica como rendimientos del capital mobiliario. Si la constitución se realiza de forma gratuita, se aplica la presunción de onerosidad por su valor normal de mercado, salvo prueba en contrario.
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