188.8.131.52. Full income (Real estate capital)
Those derived from the following concepts will be considered full income from real estate capital:
- Lease or constitution or transfer of rights or powers of use or enjoyment over real estate (art. 22 Law)
They will be considered full income from the ownership of rural and urban real estate or real rights that rest on them, all those derived from the lease or the constitution or transfer of rights or powers of use or enjoyment over them, whatever its name or nature.
The amount that the tenant, subtenant, acquirer or assignee of the right of use must pay for all concepts will be computed as full income, including, where applicable, the amount corresponding to all those assets transferred with the property and excluding the Value Tax. Added, or, where applicable, the Canary Islands General Indirect Tax.
When income derived from real estate capital is subject to withholding, the amount of the withheld amounts will be indicated in the corresponding box of the data capture window. The program transfers these amounts to box 0598 on page 17 of the declaration.
- Participation of the owner or usufructuary in the price of the sublease or transfer
In cases of sublease or transfer, the owner or usufructuary of the property must compute as full income the amounts received as participation in the price of such operations.
Performance in case of kinship (art. 24 Law)
When the acquirer, assignee, lessee or sublessee of the real property or the real right that rests on it, is the spouse or a relative of the taxpayer, including relatives, up to the third degree inclusive (parents-children; grandparents-grandchildren; siblings; uncles-nephews), the total net income may not be less than that resulting from applying the rules of section "IMPUTATION OF REAL ESTATE INCOME".
ESTIMATED INCOME (art. 40 Law)
The benefits of goods or rights capable of generating returns on capital will be presumed to be remunerated, unless proven otherwise (art. 6.5 Law).
The valuation of the estimated income will be carried out at the normal market value. Normal market value will be understood as the consideration that would be agreed upon by independent parties, unless proven otherwise.
RELATED OPERATIONS (art.41 Law)
In general, in the Personal Income Tax, the rules for valuing related-party transactions are applied in the terms provided for in article 16 of the Corporate Tax Law.