7.2.1. Individualization and imputation of income

1. Individualization and attribution of income

   Capital gains will be attributed to taxpayers who own the assets, property or rights from which such gains come.

   When the ownership of the assets or rights is not duly accredited, the Tax Administration 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 of the assets or rights corresponds to several persons, the income will be considered to be obtained by each of them in proportion to their participation in said ownership.

   In the case of marriages, the income from 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). 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 that spouse.

   Income from civil companies that are not subject to corporate tax, unclaimed inheritances, community property and other entities referred to in article 35.4 of Law 58/2003, of 17 December, General Tax Law, shall be attributed to the partners, heirs, commoners or participants, respectively, according to the rules or agreements applicable in each case and, if these are not reliably recorded by the Tax Authority, they shall be attributed in equal parts (art. 89.3 of the Law). The income corresponding to these entities must be declared in the Section: Special regimes. Income allocation regime: returns on capital and economic activities and capital gains and losses

2. Imputation of income

   • As a general rule, income from movable capital will be attributed to the tax period in which it is payable by the recipient, regardless of when the income was collected and the expenses were paid.

   • When all or part of a return has not been paid because the determination of the right to its collection or its amount is pending a judicial resolution (not merely a lack of payment), the unpaid amounts will be charged to the tax period in which the judicial ruling becomes final.

   • The estimated returns on movable capital will be attributed to the tax period in which they are deemed to have occurred. This period will coincide with the period in which the provision of the good or right generating the income was carried out.

   • When the capital gains derived from the transfer of the exploitation of copyright accrue over several years, the taxpayer may choose to allocate the advance payment to the account thereof as the rights accrue.

   • When the taxpayer has acquired homogeneous financial assets within the two months prior to or after said transfers, they will be integrated into the taxable savings base as the financial assets that remain in the taxpayer's assets are transferred.

   • Benefits derived from life and disability insurance contracts that generate capital gains will be allocated to the tax period corresponding to the moment in which, once the contingency covered by the contract has occurred, the benefit becomes payable by the beneficiary of the insurance.