Individualization of real estate income

Imputed real estate income corresponds to the persons who are the owners of the real estate, or the real rights of enjoyment over them, from which they come.

Therefore, in the first case, it will be the owners of the real estate who must include the corresponding income in their declaration; Whereas in the event that there are real rights of enjoyment over the property, the income will be imputed to the holder of the right in the same amount that would correspond to the owner, without the latter having to include any amount in his declaration as imputation of real estate income.

When the ownership of the assets or rights is not duly accredited, the tax authorities shall have the right to consider as the owner the person who appears as such in a tax register or in any other public register.

In cases where ownership belongs to several people, the income corresponding to the real estate or real right of enjoyment in question will be considered to be obtained by each of them in proportion to their participation in said ownership.

Consequently, each of the co-owners must declare as imputable income the amount resulting from applying to the total income imputed to the property or right, the percentage that represents their participation in the ownership of the same.

Note: In the case of marriage, the income attributable to the assets and rights that, in accordance with the provisions regulating the economic regime of marriage, are common to both spouses, will correspond equally to each of them (unless another different share of participation is justified). On the contrary, the income attributable to assets or rights that, in accordance with the same rules, are the exclusive property of either of the spouses, will correspond entirely to its owner.