Imputation of real estate income for garage spaces acquired after the dwelling

The Directorate General of Taxes (DGT) has issued a relevant ruling regarding the taxation of garage spaces when they are not acquired simultaneously with the primary residence. This scenario directly affects the Personal Income Tax (IRPF) returns of individuals who own these elements separately.

What the DGT has ruled

The query concerned whether the imputation of real estate income was appropriate for a garage space acquired years after the purchase of the primary residence. The body has determined that, for garage spaces to receive the same treatment as the primary residence and not generate imputed income, they must meet two concurrent requirements:

• Be located in the same building or real estate complex as the dwelling.
• Be acquired in the same transaction as the dwelling.

Since the condition of simultaneous acquisition was not met in the analyzed case, the DGT concludes that the imputation of real estate income is appropriate in accordance with current regulations.

What this means for you

If you are the owner of a garage space that was not purchased at the same time as your primary residence, you must take into account that this element is not treated as part of the dwelling for the purposes of the imputed income exemption. This implies that the Tax Administration considers that said space generates income that must be included in your IRPF taxable base, in accordance with the provisions of Article 85 of the IRPF Law.

What you should do

It is necessary to verify the acquisition date of all real estate elements you own, such as garages or storage rooms, to ensure that the imputation of income is being carried out correctly in your tax return. The distinction between a joint purchase and a subsequent purchase is decisive for the calculation of the tax burden. It is recommended to assess each particular situation to avoid possible discrepancies with the Tax Administration.