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V2883-19 21 October 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · nuda propiedad

Rental income must be attributed to the usufructuary rather than the bare owner

A bare owner asks to whom the rental income from a lease authorised by the usufructuary should be attributed. The DGT rules that income from real estate capital belongs to the usufructuary.

The question raised

To whom the income obtained should be attributed for Personal Income Tax purposes.

The DGT's ruling

Returns on capital are attributed to the owners of the assets in accordance with the rules of legal ownership. According to the Civil Code, the usufructuary has the right to receive all civil fruits of the assets under usufruct. Therefore, the attribution and taxation of income from real estate capital correspond to the usufructuary.

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