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A community of property with two members sought clarification on how income obtained in 2015 should be allocated, given that one member was on sick leave. The DGT ruled that the distribution must follow the agreements established in the entity's constitutive document.
Cuestión planteada Atribución de la renta obtenida en 2015 a cada comunero.
Las rentas se atribuyen según las normas o pactos aplicables en cada caso y, si no constan a la Administración de forma fehaciente, se hará por partes iguales. Si en el documento constitutivo se establece que los beneficios se reparten proporcionalmente a la participación en el capital, se debe aplicar dicho criterio. La situación de incapacidad temporal de un comunero no tiene trascendencia para este reparto.
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