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V1407-15 5 May 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación de rentas inmobiliarias

No imputation of immovable rental income to holder of bare property when usufruct is reserved

A Spanish tax resident asks whether she must impute immovable rental income while holding a share of bare property, with her parents retaining the usufruct. The DGT confirms no such imputation is required.

The question raised

Whether, in the taxpayer's Personal Income Tax return, the imputation of real estate income is appropriate.

The DGT's ruling

Where real rights of enjoyment exist, the imputed income corresponds to the holder of said right. In the event that the parents reserve the usufruct, the computable income must be imputed to the usufructuary and not to the bare owner.

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