Skip to content
Back to index
V0253-16 25 January 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · socimi

The maintenance period for SOCIMI real estate is calculated from the application of the SOCIMI regime

A query was raised regarding how to calculate the three-year real estate leasing period for entities transitioning from a residential leasing regime to the SOCIMI regime. The Directorate-General for Taxes (DGT) ruled that the calculation begins upon the application of the SOCIMI regime, without considering the time elapsed under the previous regime.

The question raised

In the event that the option for the SOCIMI regime would not imply the automatic loss of the tax advantages already enjoyed under the special regime for entities dedicated to the leasing of housing, how should the maintenance period provided for in article 3.3 of Law 11/2009, of 26 October, regulating Listed Real Estate Investment Companies be calculated.

The DGT's ruling

For real estate assets that were already part of the assets before opting for the SOCIMI regime, the three-year period is calculated from the beginning of the first tax period in which said regime is applied, provided that the asset is leased or offered for lease. If this condition is not met, the calculation shall be made from the date on which they were first leased or offered for lease. The maintenance period elapsed prior to this is not taken into account.

Book your free first meeting