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V0397-15 2 February 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IVA · arrendamiento con opción de compra

Purchase option in rental contract taxed at 21% VAT and not included in IRPF rental deduction

A company asks about VAT treatment in a rental agreement with a purchase option and the applicability of the IRPF rental deduction. The DGT states that the purchase option constitutes a service at 21% VAT and that payments for this option are not part of the rental deduction base.

The question raised

1.) VAT rate applicable to the various operations that may be carried out by the consulting entity within the framework of the previously described lease agreement with a call option as well as, where applicable, the taxable base of the delivery of the dwelling in the event that the option is exercised.

The DGT's ruling

The granting of a call option is a provision of services subject to 21% VAT. The lease of the dwelling is subject to a rate of 10%, or 4% if it is social housing under a special regime or public promotion. Payments for the call option or advance payments do not form part of the base for the rental deduction in Personal Income Tax (IRPF).

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