Individualization of real estate capital returns
Regulations: Art. 11.3 Law Income Tax .
The returns on real estate capital correspond to the persons who are owners of the real estate, or of the real rights thereto, from which they come. Therefore, the aforementioned holders will be the ones who must include the corresponding income in their IRPF declaration.
In the case of real rights of enjoyment, the entire yield must be attributed to the owner thereof. Therefore, if there is a usufruct, the full yield must be declared by the usufructuary and not the bare owner.
When 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 right 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 income the amount resulting from applying to the total income produced by the property or right the percentage that represents their participation in the ownership thereof.
Marriages: In the case of marriage, the income from the assets and rights that, in accordance with the provisions regulating the economic regime of the marriage, are common to both spouses, will correspond equally to each of them (unless another different share of participation is justified). Income from property or rights that, in accordance with the same rules, are the exclusive property of either spouse, shall correspond entirely to that spouse.
For these purposes, see articles 1,346 and 1,347 of the Civil Code.