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V1301-20 7 May 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Housing rental assistance is taxed as a capital gain in Personal Income Tax

A query is made regarding whether rental assistance received for housing must be taxed in Personal Income Tax. The DGT determines that such assistance constitutes a capital gain that must be included in the general tax base.

The question raised

Question posed: Classification and taxation of the assistance in Personal Income Tax.

The DGT's ruling

The receipt of rental assistance constitutes a capital gain as it represents a variation in the value of the assets due to the incorporation of the assistance. This gain must be included in the general tax base as it is not linked to a transfer of assets. The temporal imputation must be carried out in the tax period in which the collection occurs.

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