7.3.3. Individualization

The returns on real estate capital correspond to the persons who are the owners of the real estate, or the real rights over them, from which they come.

When there are real rights of enjoyment, the income that can be computed for these purposes by the holder of the right will be that which would correspond to the owner. Therefore, it will be the usufructuary who must declare the income and not the bare owner.

Income from civil companies that are not subject to corporate tax, whether or not they have legal personality, unclaimed estates, 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.

When the ownership of the assets and rights is not duly certified, the Tax Agency shall be entitled to take as owner whoever is stated as such on the tax or other public registry.

When ownership belongs to several persons, the returns will be considered to be obtained by each of them in proportion to their participation in said ownership. Therefore, 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 of the same.

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.