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V2326-19 10 September 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · atribución de rentas

Partnerships must attribute imputed real estate income to members for unleased premises

A query was raised regarding how a partnership (comunidad de bienes) should be taxed for a commercial premises that remained vacant during a tax period. The Directorate General for Taxes (DGT) ruled that the partnership must attribute the imputed real estate income to its members in accordance with their respective shares.

The question raised

Taxation under Personal Income Tax regarding the income corresponding to the premises.

The DGT's ruling

Communities of property are not taxpayers; instead, income is attributed to their members. In the case of urban real estate not used for economic activities nor generating returns on capital, the corresponding real estate income must be imputed based on the percentage of the cadastral value. This income shall be imputed to the members of the community according to their respective shares.

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