Minimum computable income in case of kinship

Regulations: Articles 24 and 85 Law IRPF

When the purchaser, assignee, lessee or sub-lessee of the real estate or the real right that falls on it, is the spouse or a relative of the taxpayer, including those by marriage, up to the third degree inclusive, the total computable net income may not be less than the amount that would result from the application of the special regime of imputation of real estate income to the real estate or real right in question.

According to this special regime, the minimum total net return may not be less than that resulting from applying:

• 2% of the cadastral value corresponding to the property in each tax period.
• 1.1% of the cadastral value in the case of urban properties whose cadastral values have been revised or modified, or determined through a general collective valuation procedure, in accordance with cadastral regulations, and have come into force in the tax period or within the period of the ten previous tax periods.

  The percentage of 1.1 per 100 will also be applied in the event that, on the date of accrual of the personal income tax (normally December 31), the property has no cadastral value or said value has not been notified to its owner, although said percentage will be applied to 50% of the highest of the following values:

  1. Value verified by the Administration for the purposes of other taxes.
  2. The price, consideration or value of the acquisition.

If there are several tenants of the property, this special regime applies to the part of the net income that corresponds to family members who have the legally established degree of kinship.

If the net income corresponding to the lease or transfer of the property, once the previously mentioned reductions have been applied to it, if applicable, is less than the minimum income, this last amount will be recorded in box [0152 ] of the declaration.