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V1591-24 1 July 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación de rentas inmobiliarias

Bare owners of a property are not required to impute imputed rental income in their tax returns

A taxpayer inquired whether they must declare income for the portion of a property for which they only hold bare ownership. The Directorate General for Taxes (DGT) ruled that the imputation of income is the responsibility of the holder of the usufruct right.

The question raised

Whether the taxpayer must impute income for the portion of the dwelling for which they hold the bare ownership.

The DGT's ruling

Where real rights of enjoyment exist, the imputed income corresponds to the holder of the real right of usufruct. Therefore, the bare owner is not required to include any amount in their tax return by way of imputation of real estate income.

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