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V0573-19 ·18 March 2019 ·consulta-vinculante Medium impact
Tax

Leasing of residential property for stable and permanent use may be exempt from ITP if not sublet

A query was raised regarding the taxation of a 25-year residential lease involving advance rent payments and a subletting option. The DGT indicates that while the transaction is subject to Transfer Tax (ITP), it is exempt if the property is used for stable and permanent purposes without being sublet.

In 6 key points

How it affects those involved

The ruling clarifies the conditions under which long-term residential leases can qualify for ITP exemption, specifically focusing on the prohibition of subletting and the requirement for stable use.

Lifecycle

2019-03-18PublishedPublished 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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