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V0116-14 20 January 2014 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · régimen especial de arrendamiento de vivienda

Companies may include properties held through a community of property in their requirement calculations

A company inquired whether it could benefit from the special residential leasing regime by including properties held pro indiviso through a community of property. The DGT ruled that, although a community of property is not a taxpayer for Corporate Income Tax purposes, the entity may include these properties to meet the regime's requirements.

The question raised

1. Whether the relief provided for in Article 54 of the recast text of the Corporate Income Tax Law can be applied to dwellings held through a community of property that meet the requirement of permanence under the leasing regime provided for in Article 53.2 of the recast text of the Corporate Income Tax Law, taking into account that the entity requesting the ruling is the one carrying out an economic activity with an exclusive premises and full-time salaried personnel, and is this latter entity that manages the leases of the premises and dwellings of the community of property.

The DGT's ruling

Communities of property are not taxpayers for Corporate Income Tax purposes, and therefore cannot apply the special regime on their own. However, for a company to meet the requirements regarding the number of dwellings, permanence, and accounting, it must value all dwellings owned at its registered office, including those held through a community of property. The leasing of commercial premises is considered a complementary activity to the main activity of residential leasing.

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