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A taxpayer inquired about the taxation of the free transfer of use of several properties to a family member. The DGT ruled that, if the free nature of the transfer is proven, there are no real estate capital returns, but an imputation of income must still be made based on the cadastral value.
Cuestión planteada Tributación en el IRPF del consultante por la cesión gratuita del uso de tales inmuebles.
Si se prueba que la cesión de inmuebles urbanos es gratuita, el cedente no obtiene rendimientos del capital inmobiliario. No obstante, deberá efectuar la imputación de rentas inmobiliarias establecida en el artículo 85 de la LIRPF. La acreditación de la gratuidad es una cuestión de hecho que debe probar el contribuyente.
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