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Practical Income Manual 2020.

Concept and requirements of the imputation of real estate income

Subject

Imputed real estate income is considered to be income that the taxpayer must include in his tax base for being the owner or holder of a real right of enjoyment over real estate that meets the requirements listed below.

The ownership of a real right of use by shift over urban real estate also generates imputed real estate income, in the terms that are also discussed later.

In both cases, they must be properties that do not generate capital returns or are used for economic activities .

Note: The granting of the right to use parking spaces for residents does not generate the imputation of real estate income, as said concession does not constitute a real right.

Requirements for the imputation of real estate income

The imputation of real estate income is conditional on the properties from which said presumed income derive meet the following requirements:

  • That they are urban real estate qualified as such in article 7 of the consolidated text of the Real Estate Cadastre Law, approved by Royal Legislative Decree 1/2004, of March 5 ( BOE of 8), not affected by economic activities.

  • That they are rustic properties with constructions that are not essential for the development of agricultural, livestock or forestry operations, not affected by economic activities.

    The concept of heritage elements assigned to economic activities is discussed in Chapter 6.

  • That do not generate returns on capital . Capital returns may derive from the leasing of real estate, businesses or mines or from the constitution or transfer of rights or powers of use or enjoyment over real estate.

    Capital returns are discussed in Chapter 4 (Returns on real estate capital) and Chapter 5 (Returns on movable capital) of this Manual

  • That do not constitute the taxpayer's habitual residence . For these purposes, it is understood that the parking spaces acquired jointly with the property up to a maximum of two are part of the taxpayer's habitual residence.
  • That it is not unbuilt land, properties under construction or properties that, for urban planning reasons, are not susceptible to use .