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A taxpayer inquired about the classification of compensation received following the expropriation of rights of way and occupation of a plot. The Directorate General for Taxes (DGT) ruled that such compensation constitutes income from real estate capital and is attributed to the holder of the usufruct.
Cuestión planteada Calificación de las citadas rentas.
La indemnización por 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 estar desmembrado el dominio, la renta se atribuye íntegramente al titular del usufructo vitalicio.
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