Temporary imputation of real estate capital returns
General rule
Regulations: Art. 14.1 a) Law Income Tax
As a general rule, real estate capital gains, both income and expenses, must be attributed to the tax period in which they are payable by the recipient, regardless of when the income was collected and the expenses were paid.
Special rules
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Estimated returns on real estate capital
Regulations: Art. 14.2 f) Law Income Tax
Estimated income from real estate capital and income from related-party transactions will be allocated to the tax period in which they are deemed to have occurred. This fiscal year will be the one in which the services of goods or rights capable of generating income of this nature have been carried out.
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Yields pending court ruling
Regulations: Art. 14.2 a) Law Income Tax
Notwithstanding the above, when all or part of an income 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, even if they have not been collected in said fiscal year.