Owners of second homes must impute income even if they do not use them

Ownership of real estate that does not constitute the taxpayer's habitual residence carries automatic tax obligations. Recently, the Dirección General de Tributos (DGT) has clarified that the mere availability of a property is the determining factor for the imputation of income in Personal Income Tax (IRPF).

What the DGT has resolved

Through a binding ruling, the advisory body has determined that the imputation of real estate income applies whenever the property is not used for an economic activity, is not a house under construction, and does not generate returns on movable capital. The central criterion is that the tax obligation arises from the availability of the asset, not from its actual use by the owner.

The resolution establishes that there are no exemptions based on the taxpayer's personal circumstances. Factors such as the place of work or health problems do not alter the nature of the tax obligation, as the regulations do not contemplate these situations to exempt the payment of imputed income.

What this means for you

If you are the owner of a second residence, a holiday home, or any property that is not your habitual residence, you must consider that the Tax Administration assumes you have the availability of said asset. This implies that:

• You must declare the corresponding real estate income in your IRPF tax return.
• The percentage of ownership you hold over the property will determine the amount to be imputed.
• The lack of actual use of the property does not exempt you from this legal obligation.

What you should do

It is necessary to verify the status of all properties you own to ensure that the imputation of income is carried out correctly according to your ownership percentage. Since availability is the key criterion, you should check that there are no elements that could modify the nature of the property, such as being assigned to a duly justified economic activity, to avoid discrepancies with the Tax Agency.