How the DGT's position has evolved
Current position
Income obtained by entities without legal personality, such as communities of property, communities of owners, or dormant estates, is attributed to its members according to their participation or applicable rules. This income is mostly classified as income from real estate capital, unless it constitutes an economic activity. In the case of a dormant estate, income is attributed to the heirs or legatees according to legal ownership and the time of accrual.
The position of the DGT is constant in the application of the income attribution regime for entities without legal personality. The analyzed rulings maintain consistency in classifying income as real estate capital and in the non-existence of the entity as its own taxpayer. No change in criterion is observed, but rather an application of the same to different scenarios such as communities of owners, estates, and communities of property.
Analysis based on 17 of 18 rulings with a stated position. Updated 29 July 2026.