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Practical Income Manual 2021.

Individualization of real estate capital returns

Regulations: Art. 11.3 Law Personal Income Tax .

The income from real estate capital corresponds to the people who are owners of the real estate, or of the real rights over them, from which they come. Therefore, it will be the aforementioned holders who must include the corresponding returns in their personal income tax return .

In the case of real enjoyment rights, the full performance must be attributed to the owner thereof. Thus, if there is a usufruct, the full return must be declared by the usufructuary and not by the bare owner.

When the ownership of the assets or rights is not duly proven, the Tax Administration will have the right to consider as the owner whoever appears as such in a tax registry or in any other public registry.

In cases where ownership corresponds to several people, the income corresponding to the real estate or right in question will be considered obtained by each of them in proportion to their participation in said property. ownership. Consequently, each of the co-owners must declare as income the amount resulting from applying to the total income produced by the property or right the percentage that represents their participation in its ownership.

Marriages: In the case of marriage, the income from the assets and rights that, in accordance with the provisions regulating the economic regime of marriage, are common to both spouses, will correspond in half to each of them (unless another share other than stake). Income from assets or rights that, in accordance with the same rules, are the exclusive property of either of the spouses, will correspond entirely to the latter.

For these purposes, consult articles 1,346 and 1,347 of the Civil Code.