Questione giuridica chiave
Whether the rental income from the flat had to be taxed at the agreed rent or by reference to the property’s rental value / imputed value.
Decisione estratta
The lower tax authorities were entitled to treat the significant rent gap as indicating family use or tax-motivated underpricing and to add the difference to taxable income.
Motivazione estratta
In pure family-related leases, a rent below market level does not automatically imply self-use; but where the gap is significant and suggests provision for family use or tax avoidance, the difference is taxable. Here the agreed rent was only about 51% of market rent, which met that threshold.