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V1928-21 21 June 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · nudo propietario

Dividends from shares subject to usufruct must be attributed to the usufructuary for Personal Income Tax purposes

A query is made regarding to whom the income from shares must be attributed when ownership is dismembered between the bare owner and the usufructuary. The DGT responds that the dividends belong to the usufructuary.

The question raised

Question posed: To whom the income derived from such shares must be attributed for Personal Income Tax purposes.

The DGT's ruling

In the usufruct of shares, the usufructuary is entitled to the dividends approved by the company. Therefore, pursuant to Article 11 of the LIRPF, the income from movable capital derived from said dividends must be attributed to the usufructuary. If the rights were transferred, it would constitute a capital gain or loss calculated individually.

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