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V0315-16 27 January 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · régimen especial de arrendamiento de vivienda

Eligibility for the special housing rental regime without horizontal division of properties

The applicant inquired whether they could qualify for the special regime for housing rental entities while owning 26 properties lacking horizontal division or individual cadastral references. The DGT ruled that this is possible, provided the requirements of the LIS are met and separate accounting is maintained for each property.

The question raised

Given that the number of dwellings to be used for the leasing activity totals 26, can the special regime for entities dedicated to residential leasing, provided for in Chapter III of Title VII of the Corporate Tax Law, be adopted, notwithstanding the fact that the horizontal division of each property has not been carried out and, therefore, an individualized cadastral reference per dwelling does not exist?

The DGT's ruling

The lack of horizontal division or individual cadastral references does not prevent opting for the special regime under Article 48 of the LIS. To this end, each dwelling must meet the definition of a residential lease under the LAU and separate accounting must be maintained to allow for the determination of the income corresponding to each dwelling, premises, or independent registered property, regardless of its unitary consideration for registration or cadastral purposes.

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