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V1331-26 29 May 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · usufructo

Gain or loss on usufruct and bare property must be calculated separately

The consultant and her daughter sold a property, with one holding the usufruct and the other the bare property. Hacienda states each must calculate their own gain or loss based on their respective ownership.

The question raised

Declaration of the sale of the real estate property by the taxpayer and his daughter.

The DGT's ruling

The transfer generates a capital gain or loss for each holder of the rights. The portion corresponding to the bare ownership shall be imputed to the daughter and the portion derived from the usufruct to the taxpayer. The calculation shall be carried out individually for each taxpayer based on their respective acquisition and transfer values. The resulting gain shall be included in the savings tax base.

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