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V3066-14 7 November 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · comunidad de propietarios

Rental income from a rooftop in a community of owners is attributed to the usufructuary

A query was raised regarding the taxation of income earned by a community of owners from renting rooftop space for an antenna. The DGT ruled that this income is attributed to the co-owners as income from real estate capital, which in this case corresponds to the usufructuary.

The question raised

Tax treatment of the income obtained from the lease.

The DGT's ruling

Homeowners' associations are not taxpayers of Personal Income Tax; instead, income is attributed to their members according to their participation or bylaws. As these are rental incomes from common elements, they are declared as income from real estate capital. In cases of bare ownership and usufruct, civil fruits (such as leasing) are attributed to the usufructuary according to the Civil Code. Therefore, the income from the rooftop is imputed to the usufructuary based on their participation.

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