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V1222-19 30 May 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · usufructo

Income from the sale of a future usufruct is taxable in the year it is received

A taxpayer sold a usufruct interest to be established upon the death of the current usufructuary, receiving the payment in 2019. The DGT has ruled that this income must be attributed to the tax period in which the funds are actually collected.

The question raised

Temporal imputation of the amount received.

The DGT's ruling

The transfer of a usufruct to be established in the future, the price of which is agreed upon and paid at the time of the deed, generates income from real estate capital. According to the general rule of temporal imputation, this income must be imputed to the tax period in which it becomes due to its recipient. In this case, the amount must be taxed in 2019 as it is the year in which the deed was formalized and the price was received.

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