Temporary imputation of real estate capital returns

General rule

Regulations: Art. 14.1 a) Law Personal Income Tax

As a general rule, income from real estate capital, both income and expenses, must be allocated to the tax period in which they are payable by the recipient, regardless of the moment in which they occurred. the collection of income and the payment of expenses.

Special rules

1. Estimated returns on real estate capital

   Regulations: Art. 14.2 f) Law Personal Income Tax

   The estimated income from real estate capital and those derived from related-party transactions will be allocated to the tax period in which they are deemed to have been produced . Said exercise will be the one in which the provision of goods or rights capable of generating income of this nature has been made.

2. Returns pending judicial resolution

   Regulations: Art. 14.2 a) Law Personal Income Tax

   Notwithstanding the above, when all or part of an income has not been paid because the determination of the right to its collection or its amount is pending judicial resolution (not mere non-payment), the unpaid amounts will be charged to the tax period in which the judicial ruling becomes final , even if they have not been collected in said year

Special cases of integration of income pending imputation

1. Loss of taxpayer status due to change of residence

   Regulations: Art. 14.3 Law Personal Income Tax

   In the event that the taxpayer loses his status due to a change of residence, all income pending imputation must be integrated into the tax base corresponding to the last tax period that must be declared for this tax, under the conditions established by regulation, being practiced, in If applicable, complementary self-assessment, without penalty or interest for late payment or any surcharge.

   However, when the transfer of residence occurs to another Member State of the European Union, the taxpayer may choose to allocate the pending income in accordance with the provisions of the previous paragraph, or to present it as each of them is obtained. the income pending imputation, a complementary self-assessment without penalty, late payment interest or any surcharge, corresponding to the last period that must be declared for this Tax. The self-assessment will be submitted within the declaration period of the tax period in which said income would have been allocated if the loss of taxpayer status had not occurred.

2. Death of the taxpayer

   Regulations: Art. 14.4 Law Personal Income Tax

   In the event of the taxpayer's death, all income pending imputation must be included in the tax base of the last tax period that must be declared.