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Practical Income Manual 2021.

Individualization of income from movable capital

Regulations: Art. 11.3 Law Personal Income Tax

The income from movable capital corresponds to the taxpayers who are owners of the assets, assets or rights from which said income comes. Therefore, it will be the aforementioned owners who must include the corresponding income in their personal income tax return.

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 the ownership of the assets or rights corresponds to several people, the income will be considered obtained by each of them in proportion to their participation in said ownership. Consequently, each of the co-owners must declare as full income and deductible expenses the amounts resulting from applying, respectively, to the total income and expenses produced by the asset or right in question, the percentage that represents their participation in the property. ownership thereof.

Remember : In the case of marriages, the income from 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 a different share of participation is justified). ). On the contrary, 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.