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Form 100. Personal Income Tax Return Declaration 2017

7.4.6.6.1. Section C: imputed real estate income and real estate capital returns

In section C) on page 5 of the declaration, the properties of which the declarant has been the owner or usufructuary at any time during the year must be listed separately, excluding the habitual residence and parking spaces (with a maximum of two), storage rooms and annexes acquired jointly with the habitual residence.

The imputed real estate income and/or the net return on real estate capital corresponding to each property will be determined.

A data capture window will record the identifying data of each property (ownership, nature, location, use or destination and cadastral reference) and the data necessary to determine the performance generated by it.

ENTITIES IN THE ATTRIBUTION OF INCOME (COMMUNITIES OF PROPERTY, CIVIL SOCIETIES NOT SUBJECT TO CORPORATION TAX, UNEXPECTED INHERITANCES):

Income derived from real estate leased or transferred to third parties by entities under an income attribution regime (communities of property, civil companies that are not subject to corporate tax, unclaimed inheritances) must be declared, and the properties listed, in the section "Special regimes: "Income attribution regime" (section F of page 9 of the declaration).

The imputation of real estate income whose ownership corresponds to entities in attribution must be declared in this section (Section C on page 5 of the declaration).

  • IDENTIFICATION DATA OF THE PROPERTY

    PROPERTY %

    The percentage of participation in the full ownership of the property will be indicated, with two decimal places, determined in accordance with the rules on legal ownership that are applicable in each case.

    In the case of bare ownership of the property, you will not have to indicate the percentage of ownership corresponding to the bare ownership.

    USUFRUCT %

    The percentage of participation in the usufruct of the property will be indicated, with two decimal places, determined in accordance with the rules on legal ownership that are applicable in each case.

    NATURE

    It will be indicated whether the property has a rural or urban nature.

    Only rural properties that have been rented or that generate imputed real estate income will be included.

    USE OR PURPOSE OF THE PROPERTY

    One of the following codes will be entered depending on the use or purpose of the property:

    • Key 1. Lease:

      Properties that in 2017 were leased, subleased or transferred to third parties and only generated real estate capital returns.

      key 1 will also be recorded when the owner has received income from the creation or transfer of rights or powers of use or enjoyment over the property (usufruct), and, in addition, the property has not been available to its owners throughout the year.

    • Key 2. Available to its holders:

      Properties whose sole use or purpose in 2017 has been at the disposal of their owners and have only generated imputed real estate income.

    • Key 3. Available to its owners and leased:

      Properties that in 2017 have been available to their owners and have generated imputed real estate income and, in addition, have been rented at some point during the year, generating real estate capital income.

      This code will also be indicated when the property has been available to its owners at some point during the year and, in addition, has generated income from the creation or transfer of rights or powers of use or enjoyment over the property (usufruct).

      In this case, the number of days the property has been available to the owner must also be indicated in the window established to calculate the imputed real estate income.

    • Key 4. Lease as accessory property:

      Property leased, subleased or transferred to third parties together with another property considered the main object of the lease, sublease or transfer, when the portion of the consideration that corresponds individually to each of them is not specified. (For example, a parking space rented jointly with a home).

    • Key 5. Available to its owners and leased as accessory property:

      Properties that in the year 2017 have been at the disposal of their owners and have generated imputed real estate income and, in addition, at some point in the year have been leased as accessory properties together with another property considered the main object of the lease. In this case, you must complete the "Property available to its owners or usufructuaries" window.

    • Key 6. Housing where, in cases of separation or divorce, the children and the other parent reside by court order.

      Property of which the taxpayer is the full or partial owner, but which constitutes the habitual residence of his or her former spouse because the latter was assigned exclusive use of it in the resolution or judgment of legal separation or divorce.

      In this code you must enter the identification data of the former spouse.

    Note: In the cases of keys 4 and 5, the income derived from the leasing of the accessory property must be reflected together with the income from the main property.

    SITUATION

    The code that corresponds to the location of the property will be selected from the following:

    • Key 1. Property with land registry reference located anywhere in Spain, except the Basque Country and Navarre.

    • Key 2. Property located in the Autonomous Community of the Basque Country or in the Foral Community of Navarra.

    • Key 3. Property with any of the above statuses but without a land registry reference.

    • Key 4. Property located abroad.

    CADASTRAL REFERENCE

    This section will contain the property's cadastral reference that appears on the corresponding Property Tax receipt.

  • DATA REQUESTED FOR THE CALCULATION OF IMPUTED REAL ESTATE INCOME

    PERCENTAGE OF THE PROPERTY THAT IS AT THE DISPOSAL OF THE OWNER OR USUFRUCTUARY

    In the event that only a part of the property owned by the taxpayer is at his disposal (for example, because it is partly transferred, leased or used for an economic activity), he must indicate, expressed with two decimal places, the percentage that the surface area of the property that is at his disposal represents with respect to the total surface area.

    CADASTRAL VALUE

    As a general rule, the cadastral value of the properties will be recorded.

    If on the date of accrual of the tax the property has no cadastral value or this has not been notified to the owner, the percentage will be 1.1 percent and will be applied to 50 percent of the highest of the following values: that verified by the Administration for the purpose of other taxes or the price, consideration or value of the purchase.

    REVIEWED YES/NO

    This section must indicate whether the property has a revised cadastral value or not, indicating "YES" for those whose cadastral value has been revised in the tax period of the fiscal year or within the period of the previous 10 tax periods and "NO" for the remaining ones.

    NOTE: If on the date of accrual of the Tax the property has no cadastral value or this has not been notified to the owner, you must indicate "YES" in this section.

    NUMBER OF DAYS THAT THE PROPERTY IS AVAILABLE TO THE OWNER

    When the property has not been owned (or the real right of use or enjoyment over it) during the entire calendar year, or when part of the year it has been under construction or for urban reasons it has not been susceptible to use, the number of days in which the ownership has been available or in which the property has been in a condition to be used during the year 2017 will be indicated.

  • DATA REQUESTED FOR THE CALCULATION OF NET INCOME FROM REAL ESTATE CAPITAL

    A data capture window will open in which you must provide the following information:

    TYPE OF PERFORMANCE

    You will need to select one of the following keys:

    1. Income from leasing of properties used for housing with the right to a 60% reduction.

    2. Other returns other than the above.

LEASES OF REAL ESTATE FOR HOUSING

Reduction for housing rentals.

In the case of leasing real estate for residential purposes, the net income will be reduced by 60%.

LEASES TO FAMILY MEMBERS

In the event that the tenant of the property is the spouse or a relative, including those by marriage, up to the third degree inclusive, the total net income may not be less than that resulting from applying the rules of the section “IMPUTION OF REAL ESTATE INCOME” | window = main; topic = IMPUTED INCOME (art. 85.1 Law)

For these purposes, you must indicate YES or NO in the box provided in the data capture window.

Note: If there are several tenants, sub-tenants, purchasers or assignees and not all of them are family members, the data relating to the income corresponding to family members and the rest must be reflected in a separate column.

INCOME AND EXPENSES

For the purposes of calculating net income, you must indicate the total income and deductible expenses.

Special case: Interest and maintenance and repair costs. The interest on third-party capital invested in the acquisition or improvement of the asset, right or faculty of use or enjoyment from which the returns and other financing costs arise, and the maintenance and repair costs must be indicated in the corresponding box in the window. The total amount to be deducted for these expenses may not exceed, for each asset or right, the amount of the gross income obtained. Any excess over this limit will be transferred by the program to box 063 of the declaration form.

Likewise, if due to the application of the aforementioned limit, any amount was still pending deduction in the years 2013, 2014, 2015 and 2016, you must indicate it in the corresponding section of the window. The total amount to be deducted may not exceed, for each asset or right, together with the expenses for the same concept of the fiscal year itself, the amount of the gross income obtained. The program will apply the stated limit.

REDUCTION FOR IRREGULAR EARNINGS

In the event that the income has a generation period of more than two years or has been obtained in a clearly irregular manner over time, the amount of the reduction must be indicated (30% of the difference between the total irregular gross income and the expenses that are also of an irregular nature). The reduction may not exceed 30% of the irregular net income, once the reduction for housing rental has been applied, where applicable.    

WITHHOLDINGS

The total amount of any withholdings made by the tenant shall also be recorded.

MINIMUM PERFORMANCE COMPUTABLE IN THE CASE OF LEASING TO RELATIVES

When the lessee or sub-lessee, purchaser or transferee is the spouse or a relative of the taxpayer, including those related by marriage, up to the third degree inclusive, the total computable net income may not be less than the amount resulting from applying the rules of the section "IMPUTION OF REAL ESTATE INCOME"

Therefore, in the case of a lease to the aforementioned relatives, you must indicate the minimum computable income in this box.