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A taxpayer asks whether they must impute real estate income for a property of which they are a co-owner, but in which their spouse resides. The DGT rules that they must impute income for their undivided share.
Cuestión planteada Si al residir su cónyuge en la vivienda y, por tanto, no poder ser alquilada, tendría que imputar renta inmobiliaria.
La imputación de rentas inmobiliaria del artículo 85 de la LIRPF excluye la vivienda habitual. Al no ser la vivienda habitual del consultante, procede la imputación de rentas por su mitad indivisa, al no estar afectada a una actividad económica ni generar rendimientos del capital.
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