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V0049-21 18 January 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital inmobiliario

Granting a call option and the subsequent sale of a property constitute two distinct changes in assets

A property owner has requested clarification regarding the taxation of a lease agreement with a call option. The Directorate General for Taxes (DGT) has ruled that the granting of the option and the subsequent sale are two separate events subject to different tax treatments.

The question raised

Question posed: Taxation in the Personal Income Tax of the aforementioned operation.

The DGT's ruling

If the lease is not an economic activity, the income constitutes returns from real estate capital. The granting of a purchase option constitutes a capital gain that is integrated into the general base at the time of its formalization. The subsequent transfer of the property through the exercise of the option generates a new capital gain or loss that is integrated into the savings base. If agreed upon, the amounts for the option and the rent shall be deducted from the transfer price to calculate the final gain.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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