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A query was raised regarding whether a €15,000 fee for allowing a neighbour to build up to the party wall without setback must be taxed under Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) determines that this amount constitutes income from real estate capital and may be eligible for a tax reduction.
Cuestión planteada Tributación el IRPF del referido pago.
El importe percibido por la constitución de un derecho de arrimo se considera rendimiento del capital inmobiliario, siempre que el inmueble no esté afecto a una actividad económica. Al tratarse de un derecho a perpetuidad, si el importe se imputa en un único período impositivo, es aplicable la reducción del 40 por ciento por obtención de forma notoriamente irregular en el tiempo.
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