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V0102-21 28 January 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · arrendamiento de negocio

Leasing a business means properties are considered tied to an economic activity

A retired couple seeks clarification on whether their rural properties, leased to their children's company, are assets tied to an economic activity. The DGT explains the distinction between leasing a business and leasing isolated assets.

The question raised

Question posed: Whether these estates are considered assets used in economic activities for Personal Income Tax purposes.

The DGT's ruling

A business lease occurs when the lessee receives an economic unit with its own life and capable of immediate exploitation. In this case, the estates are considered assets used in an economic activity, without the application of reduction coefficients to the capital gain upon transfer. If the lease were for an isolated asset, it would not be considered used in an economic activity, unless the requirement of having at least one full-time employee is met.

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