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V0442-24 14 March 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · arrendamiento con opción de compra

Income from lease agreements with an option to purchase is taxed as income from real estate capital

A query was raised regarding whether annual rental payments that are deducted from the final sale price should be taxed under the savings tax base. The Directorate General for Taxes (DGT) has ruled that such income constitutes income from real estate capital.

The question raised

Whether the amounts received annually as rent, which shall be deducted from the final sale price of the property, are taxed within the savings tax base, as occurs with the receipt of premiums paid for the granting of a purchase option contract (pursuant to Supreme Court Judgment 804/2022, of June 21, 2022).

The DGT's ruling

Income derived from leasing, even if deducted from the transfer price of the property if the purchase option is exercised, is considered income from real estate capital pursuant to Article 22.1 of the LIRPF. This income is classified as general income and forms part of the general tax base in accordance with Article 48 of the LIRPF.

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