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V1198-25 2 July 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital inmobiliario

Assignment of rental income from inherited real estate based on legal ownership and date of death

The DGT clarifies how rental income from properties within an inheritance should be taxed, attributing it to the legal owner during each period, distinguishing between the deceased, beneficiaries, dormant inheritance, and co-owners in pro indativo.

The question raised

Question raised: Inquiry is made regarding the taxation in Personal Income Tax (IRPF) of the rental income from two premises that were part of an inheritance.

The DGT's ruling

Income from real estate capital is attributed according to the legal ownership of the assets. Rents due up to the date of death correspond to the deceased; subsequent rents from bequeathed assets to the legatees; rents from non-bequeathed real estate until adjudication to the yacente estate; and after adjudication, to the heirs in pro indiviso through the income attribution regime.

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