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V2195-21 ·30 July 2021 ·consulta-vinculante Medium impact
Tax

Receipt of a rental deposit for commercial premises does not constitute a capital gain

A taxpayer inquired whether a six-month rental deposit received as a guarantee must be taxed under Personal Income Tax (IRPF). The Directorate General for Taxes (DGT) ruled that, as a deposit must be returned if there are no unpaid debts, no change in net wealth occurs.

In 5 key points

How it affects those involved

The ruling clarifies that security deposits are not taxable income, as they do not represent a permanent increase in the landlord's assets.

Lifecycle

2021-07-30PublishedPublished 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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