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V3152-20 22 October 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · usufructo

Usufructuaries must pay tax on rental income and imputed real estate income

A query was raised regarding whether rental yields and imputed real estate income should be attributed to the bare owner or the usufructuary. The DGT ruled that both concepts must be attributed to the usufructuary.

The question raised

It is requested to determine to whom, the bare owners or the usufructuaries, the income from both leasing and the imputation of real estate income must be attributed for the purposes of Personal Income Tax.

The DGT's ruling

Income from real estate capital derived from leasing is attributed to the usufructuaries, as they have the right to receive the civil fruits of the usufructuary assets according to the Civil Code. Likewise, the imputation of real estate income must be attributed to the holder of the real right of enjoyment, which in this case is the usufructuary.

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