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V1751-18 18 June 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital inmobiliario

Rental income from real estate is attributed to usufructuaries

A query was raised regarding to whom rental income should be attributed when the taxpayer and their spouse are usufructuaries and their son is the bare owner. The Directorate General for Taxes (DGT) ruled that such income belongs to the usufructuaries.

The question raised

To whom the income derived from leasing should be imputed in the Personal Income Tax.

The DGT's ruling

Income from real estate capital is attributed to the holders of the assets according to the rules of legal ownership. According to the Civil Code, the usufructuary has the right to receive all civil fruits of the assets under usufruct. Therefore, income derived from leasing is imputed to the usufructuaries of the property.

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