Special regimes — income imputation and attribution

If you own or hold a real right of enjoyment (usufruct, surface rights…) over an urban property that is not your main home, that is not rented and that is not used in an economic activity, the law presumes that you obtain income from it and requires you to include it in your return.

The imputation is based on the availability of the property, not on whether you actually use it. An unoccupied second home that is at your disposal generates imputation even if you use it for no days at all.

Rural properties with constructions that are not essential for the development of agricultural, livestock or forestry operations also generate imputation, provided they are not used in economic activities and do not generate capital income.

Cases in which there is no imputation:

• The main home (also car parking spaces acquired together with it, up to a maximum of two).
• Family home judicially attributed to the former spouse (and where applicable to children) in a separation, annulment or divorce judgment under Art. 96 of the Civil Code — even if the owner does not use it, there is no imputation.
• Building land without construction and properties that cannot be used for urban planning reasons.
• Properties under construction (until the works are completed and they can be used).
• Properties used in an economic activity.
• Properties forming part exclusively of a rental economic activity: no imputation is generated even if temporarily vacant while awaiting a tenant within that activity.
• Properties illegally occupied by third parties, from the moment the owner initiates eviction proceedings (duly evidenced).

The granting of the right to use parking spaces for residents does not generate imputation of real estate income, because it is not a real right.

Note — vacant properties seeking a tenant: A vacant property that is available for rental (advertised but without a tenant) does generate imputation. The Supreme Court (STS 910/2021) confirmed that the availability of the property to the owner is sufficient for the obligation to arise, even if the aim is to rent it out.

The applicable percentage depends on whether the cadastral value has been reviewed, modified or determined by collective valuation and has come into force on or after 1 January 2012:

🔵 2025 update (RDL 16/2025): Royal Decree-Law 16/2025, of 23 December, amended the fifty-fifth additional provision of the Personal Income Tax Law. For 2025 returns, the reference is no longer the "ten preceding tax years" (which would have limited the benefit to reviews since 2015) but instead 1 January 2012. Municipalities with a cadastral review between 2012 and 2014 recover the 1.1% rate for the 2025 return.

No expense may be deducted from the imputed income.

🔵 How do I know if the cadastral value was reviewed? The IBI bill shows the year of the values schedule. For the 2025 return, 1.1% applies if the cadastral review came into force on or after 1 January 2012 (inclusive). If the last review is prior to 2012, 2% applies. You can also check at the Electronic Headquarters of the Cadastre (sedecatastro.gob.es).

If the property was only at your disposal for part of the year (because you bought it, sold it or rented it out during a period), the imputed income is calculated in proportion to the number of days it was at your disposal.

When a property is subject to a real right of usufruct, it is the usufructuary who imputes the income — in the same amount as would correspond to the owner — and the bare owner declares nothing under this heading.

When the property belongs to several persons, each co-owner declares the proportion corresponding to their ownership share. In marriages, jointly owned assets are attributed equally to each spouse unless a different proportion is justified.

If you hold a real time-share right (timeshare) over an urban property, this also generates imputation of real estate income. The same percentages apply (2% or 1.1%), but prorated according to the annual duration of the period of use (days, weeks or months).

No imputation applies when the duration of the time-share right does not exceed two weeks per year.

Mr J.V.C. in 2025:

• Main home + car parking space acquired with it: no imputation.
• Beach apartment (cadastral value reviewed in 2015: €40,800): 1.1% × 40,800 = €448.80.
• Apartment acquired on 1 July 2025 (no notified cadastral value; acquisition price: €105,000). At his disposal from 1/7 to 31/8: 62 days.
  • 1.1% × (50% × 105,000) × 62 ÷ 365 = €98.10.

Total imputed real estate income: €546.90

Do I have to declare a flat that I neither rent nor use? Yes. If you own an urban property that is not your main home, is not rented and is not used in an economic activity, you must impute income even if you use it for no days of the year. The obligation arises from mere availability, not from actual use.

Does the car parking space of my second home generate imputation? It depends on how it was acquired:

• Space acquired together with the main home (in the same contract): no imputation (up to two spaces).
• Space acquired separately, or associated with a second home: it does generate its own imputation based on its cadastral value.

How do I know whether to apply 2% or 1.1%? Look at the IBI bill: find the year of the "values schedule". For the 2025 return, 1.1% applies if the cadastral review came into force on or after 1 January 2012 (inclusive). If the last review is prior to 2012, 2% applies. This 2012 threshold (rather than the usual "ten years ago") is a new feature introduced by Royal Decree-Law 16/2025. If the property has no assigned cadastral value or you have not been notified of it, also apply 1.1% to 50% of the acquisition price (or the value assessed by the Administration, if higher).

The flat is advertised for rent but still without a tenant — does it generate imputation? Yes. The Supreme Court (STS 910/2021) confirmed that properties awaiting rental — available to the owner even if advertised — generate imputation of real estate income.

I bought a flat in October. Do I declare for 12 months? No. The imputation is calculated in proportion to the days the property was at your disposal in 2025. If you bought it on 1 October and did not rent it, you impute only the days from the purchase until 31 December (92 days ÷ 365).

I have the usufruct of my father's flat. Who declares the imputation? You, as usufructuary. When a real right of usufruct exists, the income is imputed to the usufructuary in the same amount as would correspond to the owner. The bare owner (your father) declares nothing under this heading.

I have a flat under construction. Does it generate imputation? No. Properties under construction are excluded from imputation until the works are completed and they can be used.

Income obtained by certain entities without legal personality — or with it but without a commercial purpose — is not taxed in the entity itself, but is "attributed" to its members, who declare it in their Personal Income Tax return (or Corporation Tax, if they are legal persons).

The following are subject to this regime:

• Civil partnerships without legal personality.
• Civil partnerships with legal personality that do not have a commercial purpose (agricultural, livestock, forestry, mining, liberal profession activities…).
• Communities of property (dormant estates, owners' communities carrying on activities…).
• Dormant estates.

Since 1 January 2016, civil partnerships with a commercial purpose and legal personality are taxed under Corporation Tax and fall outside this regime.

Not included are investment funds or temporary joint ventures (UTE), which have their own regime.

Income is calculated at the entity level (not at the member level), applying Personal Income Tax rules according to the type of income:

Attributed income retains its nature (real estate, investment, business…) in the hands of the partner or co-owner. If a partner merely contributes capital (without participating in management), the attributed income has the nature of investment income.

Income is attributed in accordance with the agreements or rules applicable to the entity. If these are not reliably known to the Administration, income is attributed in equal shares.

Partners or co-owners declare attributed income in section "E" of the return, identifying the entity (NIF or foreign identification number) and their percentage participation.

The entity must file the annual information return (Form 184) identifying the members and the income attributed to each.

If you are resident in Spain and participate in an entity not resident in Spain with a shareholding equal to or greater than 50% in capital, equity, profits or voting rights, you must include in your general taxable base the positive income obtained by that entity — even if it has not been distributed to you — when taxation abroad is significantly lower than in Spain.

Low taxation is considered to exist when the tax paid abroad is less than 75% of what would correspond in Spain.

• At least 50% shareholding, directly or indirectly through other non-resident entities.
• The percentage may be computed together with that of other related persons or entities.

The following are subject to imputation, among others:

• Income from credit, financial, insurance or service activities with related parties.
• Income from the assignment of image rights.
• Income derived from owning properties outside Spain not used in an economic activity.

The same positive income may only be subject to imputation once, even if there is more than one taxpayer meeting the requirements.

The taxpayer may deduct the tax paid abroad on that income, up to the limit of the gross tax liability that would correspond in Spain. This deduction is applicable even if the foreign tax corresponds to different periods.

When the taxpayer has assigned the right to exploit their image to a first assignee (a person or entity) and the first assignee in turn assigns that right to a second assignee that contracts the taxpayer's employment services.

In that case, the taxpayer must include in their general taxable base the consideration that the second assignee pays to the first for the use of their image.

Conditions for the regime to apply:

1. The taxpayer has assigned their image to a first assignee (resident or non-resident).
2. The second assignee (resident in Spain) contracts the taxpayer's services.
3. The second assignee also uses the taxpayer's image assigned by the first assignee.
4. The earned income or income from economic activities that the second assignee pays to the taxpayer is less than 85% of the sum of those earnings plus the total consideration paid by the second assignee to the first for the image assignment. (Art. 92.2.d Personal Income Tax Law)

The same amount may only be subject to imputation once, even if several assignment situations concur.

The amount to be imputed is the value that the second assignee pays to the first for the image assignment, increased by the payment on account (19% in 2025) made by the second assignee, and reduced by any amount the taxpayer received directly from the first assignee for the original assignment (if that amount was received when the taxpayer was already resident in Spain).

If amounts are received directly for the assignment of image (without intermediaries), they are classified as investment income, not as imputation.