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Practical Income Manual 2019.

In general

Regulations: Art. 22.1 Law Personal Income Tax

Full returns of real estate capital are considered to be those derived from the lease or from the constitution or transfer of rights or powers of use or enjoyment over rural and urban real estate or real rights that fall on them , whose ownership corresponds to the taxpayer and are not affected by economic activities carried out by him.

The ownership, full or shared, of the right of ownership or real rights of enjoyment over real estate that is not leased or transferred to third parties, nor is it subject to economic activities, does not generate income from real estate capital, but rather gives rise to the application of the special regime for allocating real estate income, with the exception of habitual residences, unbuilt plots of land and rural properties.

See in this regard, within Chapter 10, the heading " Real Estate Income Allocation Regime ", and articles 6.2.e) and 85 of the Personal Income Tax Law