7.2.1. Individualization and imputation of income

1. Individualization and attribution of income

   The capital returns will be attributed to the taxpayers who are owners of the assets, assets or rights from which said returns come.

   When the ownership of the assets or rights is not duly proven, the Tax Administration will have the right to consider as the owner whoever appears as such in a tax registry or in any other public registry.

   In cases where the ownership of the assets or rights corresponds to several people, the income will be considered obtained by each of them in proportion to their participation in said ownership.

   In the case of marriages, the income from assets and rights that, in accordance with the regulatory provisions of the economic regime of marriage, are common to both spouses, will correspond in half to each of them (unless a different share of participation is justified). ). On the contrary, income from assets or rights that, in accordance with the same rules, are the exclusive property of either of the spouses, will correspond entirely to the latter.

   The income corresponding to civil companies, which are not subject to Corporate Tax, existing inheritances, communities of property and other entities referred to in article 35.4 of Law 58/2003, of December 17, General Tax, are They will be attributed to the partners, heirs, community members or participants, respectively, according to the rules or agreements applicable in each case and, if these are not confirmed to the Tax Administration in a reliable manner, they will be attributed in equal parts (art. 89.3 Law). The income corresponding to these entities must be declared in the Section: Special regimes. Income allocation regime: returns on capital and economic activities and capital gains and losses

2. Imputation of income

   • In general, the income from movable capital will be attributed to the tax period in which they are payable by the recipient, regardless of the moment in which the income was collected and the expenses were paid.

   • When all or part of a return has not been paid because the determination of the right to its perception or its amount is pending judicial resolution (not mere non-payment), the unpaid amounts will be attributed to the tax period in which the ruling judicial becomes firm.

   • The estimated income from movable capital will be allocated to the tax period in which they are deemed to have been produced. Said period will coincide with that in which the provision of the good or right generating the return was made.

   • When the income from movable capital derived from the transfer of the exploitation of copyrights accrues over several years, the taxpayer may choose to allocate the advance payment to their account as the rights accrue.

   • When the taxpayer has acquired homogeneous financial assets within the two months before or after said transfers, they will be integrated into the savings tax base as the financial assets that remain in the taxpayer's assets are transferred.

   • Benefits derived from life and disability insurance contracts that generate income from movable capital will be allocated to the tax period that corresponds to the moment in which, once the contingency covered in the contract has occurred, the benefit becomes payable by the beneficiary of the insurance.