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V0102-23 ·31 January 2023 ·consulta-vinculante Medium impact
Tax

Properties used as offices or under construction do not count as assets for the residential leasing regime

The applicant inquired whether properties leased as offices and houses under construction could be included to meet the 55% asset requirement under the special residential leasing regime. The DGT ruled that properties used as offices do not meet the requirement of being residential dwellings, and houses under construction are not capable of generating income eligible for the tax relief.

In 6 key points

How it affects those involved

This ruling clarifies that to qualify for the special tax benefits under the residential leasing regime, assets must be actual residential dwellings and must be in a state capable of generating qualifying rental income.

Lifecycle

2023-01-31PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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