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V0632-26 19 March 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · transparencia fiscal internacional

Lack of full-time employee precludes considering property rental as economic activity

A consultant asks about the application of the international tax transparency regime to the sale of real estate by a foreign company. The DGT determines that, since the company lacks a full-time employee with a labour contract, there is no economic activity in property rental.

The DGT's ruling

The income of the foreign company is imputed if the requirements of participation and low taxation are met. As it does not have its own material and human resources, such as an employee with a labor contract and full-time working hours, no economic activity is identified and the income from the sale of real estate is imputed. In the transfer of shares, the acquisition value includes the positive income imputed through tax transparency. The portion of the capital return corresponding to income already imputed shall not be taxed as income from movable capital.

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