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The taxpayer asks whether they must declare income for allowing their niece to live in a property free of charge. The DGT rules that, even in the absence of a lease agreement, the real estate income established by law must be imputed.
Cuestión planteada Rendimiento a imputar por el consultante en su declaración del IRPF por la vivienda cedida gratuitamente.
Si se acredita que la cesión de un inmueble urbano es gratuita, no se generan rendimientos del capital inmobiliario, pero el propietario debe realizar la imputación de rentas inmobiliaria del artículo 85 LIRPF. La gratuidad debe ser probada por el contribuyente por cualquier medio admitido en Derecho.
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