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V3058-14 7 November 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · usufructo

Rental income from property subject to usufruct is attributed to the usufructuary

A query was raised regarding to whom the rental income of a commercial premises should be attributed when the bare ownership belongs to one person and the usufruct to their mother. The DGT ruled that income from real estate capital belongs to the holder of the usufruct.

The question raised

Individualization of income.

The DGT's ruling

Income from real estate capital derived from the lease of a property with dismembered ownership is attributed to the holder of the usufruct. This is based on the principle that capital income is attributed to the holders of the patrimonial elements, assets, or rights from which it originates. According to the Civil Code, the usufruct grants the right to enjoy the property of others.

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