Determination of the amount of attributable income
The determination of the attributable income that corresponds to each of the urban properties generating said income in the terms discussed in the previous section, is carried out by applying the following percentages:
• 2 percent, generally . This percentage must be applied to the cadastral value of the property that appears on the Real Estate Tax (Urban) receipt corresponding to the 2021 financial year.
• 1.1 percent in the following assumptions :
Properties whose cadastral values have been reviewed, modified or determined through a general collective valuation procedure, in accordance with cadastral regulations and have come into force in the tax period or within the ten previous tax periods.
Properties that, on the date of tax accrual (normally, December 31), lacked a cadastral value or this value has not been notified to the owner.
The percentage of 1.1 percent will be applied to 50 percent of the largest of the following values:
The price, consideration or acquisition value of the property.
The value of the property verified by the Administration for the purposes of other taxes.
Note: No deduction of any type of expense will be made on the amount resulting from the application of the percentage that, in each case, corresponds.
Properties acquired, transferred or intended for different uses in 2021
In the case of properties acquired or transferred in the year 2021 or that have been leased, subleased or used for an economic activity during part of the year, as well as in other cases in which the property has been at the disposal of its owners or usufructuaries only for a period of time. part of the year, the income attributable to this concept will be that which proportionally corresponds to the number of days included in said period.
Covid-19: The income imputation regime does not take into account the effective use of the second home but rather its availability in favor of its owner, the Personal Income Tax Law limiting the cases in which the imputation of real estate income is not applicable only to the following: affectation of the property to an economic activity, that the property generates capital returns, that it is under construction and that it is not susceptible to use for urban reasons, without the obligation of confinement and limitation of movements that has implied the declaration of the state of alarm caused by the coronavirus health crisis corresponds to one of them, , so periods of confinement and limitation of travel cannot be excluded from the imputation.
Special case: real rights of use by turn over real estate
The right of use by shift that can be constituted as a limited real right or as a seasonal rental contract, will give rise to the imputation of real estate income only in the cases of real rights of use by shift on property.
In these cases, the imputation must be made by the owner of the real right applying the percentage of 2% or 1.1%, as appropriate, to the result of prorating the cadastral value of the Real Estate Tax (IBI) based on the duration. annual (days, weeks or months) of the use period.
If on the date of accrual of personal income tax the properties lacked a cadastral value or this had not been notified to the owner, the acquisition price of the right to use will be taken as the basis for imputation.
The imputation of real estate income to the holders of these rights will not apply when their duration does not exceed 2 weeks per year.