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V1369-23 22 May 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · usufructo

Rental income belongs to the usufructuary of the property

A query was raised regarding who is liable for tax on the rental of a flat where the parents hold the bare ownership and the daughter holds the usufruct. The DGT ruled that the income belongs to the usufructuary.

The question raised

A request to determine who must pay Personal Income Tax on the income obtained from the leasing of an apartment owned by parents with a usufruct in favor of their daughter.

The DGT's ruling

Income from the leasing of real estate constitutes income from real estate capital. According to the rules for the individualization of income and civil legislation, the civil fruits of usufructuary assets belong to the usufructuary. Therefore, the income is attributed to the holder of the usufruct in proportion to their share.

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