Skip to content
Back to index
V2356-17 18 September 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital inmobiliario

Rental income from real estate must be attributed to the usufructuary

A query was raised regarding who is responsible for declaring rental income from a property when there is a split between bare ownership and usufruct. The Directorate General for Taxes (DGT) ruled that such income belongs to the usufructuary.

The question raised

It is consulted who must declare the income from real estate capital generated by the lease.

The DGT's ruling

Income from real estate capital is attributed to the owners of the assets according to the rules of legal ownership. Since the usufructuary has the right to receive all civil fruits of the usufructuary assets, the income derived from leasing is imputed to the usufructuary.

Book your free first meeting