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Form 100. Personal Income Tax Declaration 2022

7.3.2. Imputation of real estate income (properties at the disposal of their owners)

The owners of real estate or the holders of real rights of use or enjoyment that fall on them must allocate real estate income when the following circumstances occur:

  1. That they are considered real estate of an urban nature in accordance with article 7 of the consolidated text of the Real Estate Cadastre Law or that they are rural properties with constructions that are not essential for the development of agricultural, livestock or forestry operations.

  2. That they are not involved in economic activities

  3. That the properties do not generate capital returns; That is to say, they are not leased nor have any other transfer of use by price occurred.

However, the imputation for the following properties is not applicable:

  • The main home.

  • The unbuilt land.

  • Properties under construction.

  • Properties that for urban reasons are not suitable for use.

In the case of rights of use of real estate by shift, the imputation will be made to the owner of the real right, prorating the cadastral value based on the annual duration of the use period.

When, on the date of tax accrual, the properties lack a cadastral value or this value has not been notified to the owner, the acquisition price of the right to use will be taken as the basis for imputation.

The imputation of real estate income will not be applicable to the holders of rights to use real estate in turn when their duration does not exceed two weeks per year.

Imputed income

The amount resulting from applying 2% to the cadastral value will be considered imputed income, determined proportionally to the corresponding number of days in each tax period.

In the case of properties whose cadastral values have been reviewed, modified, or determined through a general collective valuation procedure, in accordance with the cadastral regulations, and have come into force in the tax period of the year or in the period of the 10 previous tax periods, the imputed income will be 1.1% of the cadastral value.

If on the date of tax accrual the property had no cadastral value or this had not been notified to the owner, the percentage will be 1.1% and will be applied to 50% of the highest of the following values: that verified by the Administration for the purpose of other taxes or the price, consideration or value of the purchase.