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V1862-21 ·15 June 2021 ·consulta-vinculante Medium impact
Tax

Forgiveness of commercial rent is not subject to VAT if the tenant cannot carry out activities due to the state of alarm

A landlord has requested a ruling on the taxation of forgiving commercial rents due to the COVID-19 crisis. The DGT has determined that the forgiveness of rent constitutes self-consumption of services subject to VAT, unless the tenant is unable to carry out their activity due to the state of alarm. Regarding Personal Income Tax (IRPF), the gross income will be the new agreed amount.

In 6 key points

How it affects those involved

This ruling clarifies the VAT implications for landlords forgiving rent during lockdowns and establishes how the revised rent should be reported for income tax purposes.

Lifecycle

2021-06-15PublishedPublished 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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