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Practical Income Manual 2019.

Introduction: capital returns

Regulations: Art. 21 Law Personal Income Tax

Full returns on capital are considered to be " the totality of profits or considerations, whatever their denomination or nature, monetary or in kind, that come, directly or indirectly, from assets, assets or rights, whose ownership corresponds to the taxpayer and are not affected by economic activities carried out by him ".

Income derived from the transfer of ownership of the assets, even when there is a retention of title agreement, will be taxed as capital gains or losses, unless the Personal Income Tax Law qualify as returns on capital.

Depending on the nature of the asset element from which they come, the Personal Income Tax Law classifies capital returns into:

  1. Income from real estate capital , which includes income from real estate, both rural and urban, that is not affected by economic activities carried out by the taxpayer.
  2. Income from movable capital , which includes those that come from the remaining assets and rights of which the taxpayer is the owner and are not affected by economic activities carried out by him.

This chapter is dedicated to the returns on real estate capital, with the next chapter commenting on the returns on movable capital.