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V2419-19 13 September 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación de rentas inmobiliarias

No imputation of imputed real estate income for bare owners with life interest held by another party

A taxpayer inquired whether they must impute real estate income for a property of which they are the bare owner, but where life interest and enjoyment belong to another person. The Directorate General for Taxes (DGT) ruled that there is no obligation to impute such income.

The question raised

Whether there is an obligation to impute real estate income for said property.

The DGT's ruling

According to Article 85.2 of the LIRPF, when real rights of enjoyment exist, the computable income corresponds to the holder of said right. In the case of bare ownership with a life interest of use and enjoyment in favor of a third party, the income must be imputed to the holder of the real right and not to the bare owner.

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