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V1979-23 7 July 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · atribución de rentas

Income from leased real estate is attributed according to the legal ownership of the assets

A query is made regarding how income from leased real estate that forms part of an estate should be attributed. The DGT responds that attribution depends on who holds the ownership of the real estate at any given time.

The question raised

Question posed: How is the income generated in 2022 by the leased real estate attributed?

The DGT's ruling

Income from real estate capital is attributed to those who hold ownership of the generating assets. In this case, the income belongs to the unsettled estate through the income attribution regime until the adjudication of the real estate. Following adjudication via public deed, the income corresponds to the heir to whom each property is adjudicated.

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