Practical case

The community of property "X", whose NIF is E28000000, is made up of two commoners, each of whom has a participation percentage of 50%. The commoner "Y" is a taxpayer with the NIF and the commoner "Z" is a taxpayer with the Corporate Tax. The community of property has obtained the following income in the 2019 financial year:

• 12,200 euros from the year-round rental of a home to a married couple. The property was acquired by the entity in 2000, with the acquisition cost paid by the entity amounting to 250,000 euros. The property's cadastral reference is 0052807VK4724A0003KI. The cadastral value of the property in 2018 was 58,500 euros, of which 40% corresponds to the value of the land.

  The expenses incurred by the entity in relation to the property during the 2019 financial year were as follows:

  • I receive community: 1,100 euros.
  • Receipt IBI : 360 euros.
  • Interest derived from the financing of the property: 1,300 euros.
• 1,200 euros, in the form of interest derived from a fixed-term deposit of two years and one day. The aforementioned interest was settled upon expiration of the term, on October 2, 2019.
• 1,800 euros, in the form of dividends from shares of an entity resident in Spanish territory. The administration and deposit fees for the shares amounted to 10 euros.
• The community of property carries out a business economic activity whose net income is determined using the direct estimation method, normal modality. According to the company's accounting records and data, income for the year amounted to 50,000 euros, with deductible expenses, including tax-deductible amortizations, amounting to 20,000 euros.
• On January 10, 2019, the company sold on the stock exchange for 150,000 euros, after deducting the costs inherent to said transfer paid by the entity, a package of shares acquired on October 1, 1999 for 100,000 euros, including the costs inherent to said acquisition paid by the entity.
• On November 15, 2019, the company sold a property not affected by the economic activity acquired on October 1, 2001 for an amount equivalent to 100,000 euros, including the expenses and taxes inherent to the acquisition paid by the entity, for 150,000.00 euros, after deducting the expenses and taxes inherent to said transfer paid by the entity. The property's cadastral reference is 9872023VH5797S0001WX and its cadastral value, which has not been subject to review in the last 10 years, amounts to 30,500 euros in 2019. The property has been unoccupied since its acquisition.
• The amount of withholdings and payments on account borne by the entity amounted to: 570 euros (228 euros on interest and 342 euros on dividends).

Determine the income attributable by the entity to each of its members and the amounts that each of them must include in the annual declaration corresponding to their personal tax.

Solution:

1. Determination by the entity of the income attributable to each commoner according to the rules of IRPF :

   Real estate capital returns:

   • Total income: 12.200
   • Deductible expenses:
     • I receive community: 1,100
     • Receipt IBI : 360
     • Real estate financing interests: 1,300
     • Property amortization 3% of (60% x 250,000.00) = 4,500

     Total deductible expenses: 7,260.00

   • Net return (12,200 – 7,260) = 4,940
   • Income attributable to each community member (50% s/4,940) = 2,470

   Investment income:

   • Net dividend yield (1,800 - 10) = 1,790
   • Performance attributable to each community member (50% s/1,790) = 895
   • Net interest yield: 1,200
   • Performance attributable to each community member (50% of 1,200) = 600

   Economic activity returns:

   • Gross income: 50,000
   • Deductible expenses, including depreciation: 20,000
   • Net return (50,000 - 20,000) = 30,000
   • Income attributable to each community member (50% of 30,000) = 15,000

   Capital gains and losses (sale of shares):

   • Transfer value: 150,000
   • Acquisition value: 100,000
   • Capital gain (150,000 - 100,000) = 50,000
   • Income attributable to commoner "Y" (50% s/50,000) = 25,000
   • Income attributable to the commoner "Z" (50% s/50,000) = 25,000

   Capital gains and losses (sale of property):

   • Transfer value: 150,000
   • Acquisition value: 100,000
   • Capital gain (150,000 - 100,000) = 50,000
   • Income attributable to commoner "Y" (50% s/50,000) = 25,000
   • Income attributable to the commoner "Z" (50% s/50,000) = 25,000

   Imputed real estate income (vacant property):

   • Attributable income (2% of 30,500) x (317 ÷ 365) = 529.78
   • Income attributable to each community member (50% of 529.78) = 264.89

   Withholdings and payments on account:

   • Attributable to each of the commoners (50% s/570) = 285
2. Income tax declaration attributed by the commoner "Y" taxpayer of IRPF :

   Real estate capital performance:

   • Net attributable return: 2.470
   • Reduction in housing rent (60% s/2,470) = 1,482
   • Computable net income (2,470 - 1,482) = 988

   Net return on movable capital to be included in the taxable savings base:

   • Dividends
   • Full amount: 900
   • Deductible expenses attributable to: 5
   • Interests:
     • Net attributable return: 600

     Total computable net income from movable capital (900 + 600 – 5) = 1,495

   Performance of economic activities:

   • Net attributable return: 15,000

   Capital gains to be included in the savings tax base: ⁽¹⁾

   • Attributable income (25,000 + 25,000) = 50,000

   Imputed real estate income:

   • Amount allocated: 264.89

Note to example:

⁽¹⁾ Since both cases involve gains obtained from the transfer of assets (sale of shares and property), their amount is included in the taxable savings base. Regarding the gains and losses that make up the taxable savings base, see Chapter 11 . ^(Back)