7,3,6,2. Full income (real estate capital)

Lease or establishment or transfer of rights or powers of use or enjoyment on property (Article 22 of the Act)

They will be considered as full income from the ownership of rural and urban property or real rights relating to them, all those derived from the lease or the establishment or transfer of rights or powers of use or enjoyment on them, whatever their name or nature.

The full yield shall be calculated as the amount to be paid by the lessee, sublease, acquirer or transferee of the right of use, including, where applicable, that corresponding to all goods transferred with the property and excluding Value Added Tax, or, where applicable, the Canary Islands Non-direct tax.

Participation of the owner or usufructuary in the price of the subletting or transfer

In the event of subletting or transfer, the owner or user of the property must calculate the amounts received as a contribution to the price of such transactions as full income.

Return in the event of kinship (Article 24 of the Act)

When the acquirer, transferee, lessee or sub-lessee of the property or the real right that lies with it, is the spouse or a relative of the taxpayer, including the related party, up to the third degree inclusive (child suffering; Grandchildren; Brothers; Excess amounts), the total net yield cannot be lower than that resulting from applying the rules of the " INMOBILIARY INCOME IMPLEMENTATION" section.

Estimated incomes (article 40 of the Act)

Compensation shall be presumed, unless proven otherwise, for the benefits of assets or rights that may generate capital gains (Article 6,5 of the Act).

The estimated income will be valued at the normal market value. Normal market value shall be understood as the consideration agreed by independent parties, unless proven otherwise.

Related transactions (art.41 Act)

In general, the rules for the assessment of related transactions are applied in the Personal Income Tax under the terms set out in article 16 of the Corporation Tax Act.