Skip to content
Back to index
V2299-20 7 July 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · atribución de rentas

Joint ownerships taxed under the income attribution regime for Personal Income Tax

A query was raised regarding whether a joint ownership with a business character must be taxed under the income attribution regime for Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that, as it is not a civil society with a commercial purpose, it must be taxed under this regime.

The question raised

Whether the community of property must be taxed under the income attribution regime in Personal Income Tax.

The DGT's ruling

Communities of property are not taxpayers of Corporate Income Tax. Therefore, the income they generate shall be attributed to the co-owners in accordance with Section 2 of Title X of the Personal Income Tax Law. Only civil societies with a commercial purpose and fiscal legal personality are taxpayers of Corporate Income Tax.

Book your free first meeting