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V1970-22 16 September 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rentas inmobiliarias

Imputation of real estate income ceases upon delivery of the property to the buyer

A taxpayer inquired whether they must continue to impute real estate income for a property sold via a private contract without a public deed. The Directorate General for Taxes (DGT) ruled that the transfer is deemed to have occurred upon delivery of the property or the execution of the public deed.

The question raised

Whether the taxpayer must continue to impute real estate income in the Personal Income Tax (IRPF) for the transferred dwelling.

The DGT's ruling

The transfer of the dwelling is understood to have occurred in the period in which the public deed is executed, unless the delivery thereof is proven to have taken place at an earlier time. The delivery of the thing may be carried out through the placing at the disposal and possession, the delivery of keys, or the execution of a public deed. It shall be the moment of said delivery from which the imputation of real estate income must cease. In the absence of proof of delivery, the date of the public deed shall be taken.

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