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A query was raised regarding the taxation of a 25-year residential lease involving advance rent payments and a subletting option. The DGT indicates that while the transaction is subject to Transfer Tax (ITP), it is exempt if the property is used for stable and permanent purposes without being sublet.
Cuestión planteada Tributación de la operación.
El arrendamiento de vivienda para uso estable y permanente según la LAU está exento de ITP. Si el arrendatario subarrienda la vivienda a un tercero, incumpliría los requisitos de la exención. La Administración puede comprobar posteriormente el cumplimiento de estas condiciones y regularizar la situación tributaria.
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