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V1367-17 2 June 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · derecho de superficie

Surface rights income declared as real estate returns following court ruling

A taxpayer inquired about how to declare outstanding payments from a surface rights contract following a judicial resolution. The DGT has determined that these constitute real estate capital income and must be attributed to the year the court ruling becomes final.

The question raised

1st How the income derived from the judicial ruling must be declared.

The DGT's ruling

Payments for surface rights constitute income from real estate capital. This income must be attributed to the tax period in which the judicial ruling determining its amount becomes final. As it spans more than two years, the 30% reduction for a generation period exceeding two years may be applied, subject to a limit of 300,000 euros per year. Likewise, legal defense expenses relating to the assets or rights are deductible.

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