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A taxpayer inquired whether they could personally be taxed on rental income from a property owned by their parents by acting as the lessor via a power of attorney. The Directorate General for Taxes (DGT) ruled that rental income must be attributed to the legal owners of the property, namely the parents.
Cuestión planteada Tributación de la operación en el Impuesto sobre la Renta de las Personas Físicas.
Los rendimientos del capital derivado del arrendamiento se atribuyen a los contribuyentes que sean titulares de los elementos patrimoniales según las normas de titularidad jurídica. Por tanto, los rendimientos deben atribuirse a los propietarios de la vivienda, independientemente de que el importe obtenido se ceda gratuitamente a otra persona.
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