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V3423-19 13 December 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · imputación de rentas inmobiliarias

Imputation of imputed real estate income and deduction of expenses for a family residence is not applicable

A taxpayer asks whether they must impute real estate income and deduct expenses for a property owned by them, the use and enjoyment of which has been judicially attributed to their former partner and their daughter. The DGT responds that they should neither impute income nor deduct expenses.

The question raised

Question posed: Whether, as the owner of said residence, they are entitled to the deduction in their Personal Income Tax (IRPF) return of ordinary or extraordinary expenses derived from it. Likewise, whether the imputation of real estate income under Article 85 of the LIRPF is applicable.

The DGT's ruling

The imputation of real estate income under Article 85 of the LIRPF is not applicable to the family residence whose use is attributed to the former spouse and the children. Likewise, the deductibility of any expense related to said residence is not applicable, as no income is derived from it.

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