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V2358-17 18 September 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital inmobiliario

Rental income from property is attributed to the usufructuary, not the bare owner

A bare owner inquired whether rental income belongs to them or to the usufructuary who is not exercising their right. The DGT ruled that, under the Civil Code, civil fruits belong to the usufructuary.

The question raised

Classification of income derived from the lease.

The DGT's ruling

If the lease does not constitute an economic activity, the yields are considered yields from real estate capital. According to the Civil Code, the usufructuary has the right to receive the civil fruits of the usufructuary assets. Therefore, the income derived from the lease must be attributed to the usufructuary of the property.

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