How the DGT's position has evolved
Current position
Income from real estate capital is attributed to owners according to their legal ownership, regardless of private management agreements. If the lease includes hotel industry services or lacks a full-time employee, the classification may change to an economic activity. In gratuitous transfers, the obligation to impute real estate income persists. Amortization is calculated by applying 3 percent to the higher of the acquisition cost or the cadastral value (excluding land) for full ownership, or to the cost paid for the usufructuary.
The DGT's position remains stable regarding the definition of the nature of the income and its attribution by ownership. Recent rulings do not show a change in doctrine, but rather clarify specific scenarios such as the distinction between economic activity and real estate capital, the treatment of purchase options, or the calculation of amortization in usufructs.
Turning points
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Establishes that the lack of hotel industry services or a full-time employee maintains the classification as income from real estate capital.
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Clarifies that for the reduction in stressed areas, the new rent must be more than 5% lower than the last rent of the previous contract after its update.
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Determines that the purchase option generates a capital gain in the savings base and that the amounts received must be deducted from the transfer value in the subsequent sale.
Analysis based on 31 of 31 rulings with a stated position. Updated 22 July 2026.