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V3468-20 30 November 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Rental assistance payments are taxed as capital gains in the year received

A query was raised regarding whether subsidies from the Junta de Andalucía to cover part of housing rent must be taxed under Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that these aids constitute capital gains that must be included in general income.

The question raised

Question posed: Taxation for the purposes of Personal Income Tax.

The DGT's ruling

The receipt of direct housing rental subsidies constitutes a capital gain as it alters the taxpayer's net worth. This gain must be included as general income for the tax period pursuant to Articles 45 and 46 of the Personal Income Tax Law (LIRPF). As it does not fall under the cases of exemption or special imputation, the subsidy must be imputed to the tax period in which it is collected.

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