How the DGT's position has evolved
Current position
The imputation of real estate income applies to holders of real estate or real rights of enjoyment over urban properties that are not used for economic activities nor generators of capital income. The primary residence, properties under construction, or those that are not susceptible to use due to urban planning reasons are excluded. The tax obligation is based on the availability of the property and not on its effective use.
The DGT's position remains constant regarding the application of the imputation of real estate income based on the availability of the asset. Recent rulings have specified the applicable exceptions, such as the lack of use due to urban planning reasons or the status of properties under construction, without altering the core of the legal provision.
Turning points
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Establishes that the exclusion from imputation due to illegal occupation operates from the start of a duly substantiated eviction proceeding.
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Specifies that the status of a property under construction or not susceptible to use to avoid imputed income can be proven by any means of evidence admitted under Law.
Analysis based on 43 of 43 rulings with a stated position. Updated 15 September 2026.