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V1158-23 5 May 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital inmobiliario

Renting a rural house without hotel services is taxed as income from real estate capital

The taxpayer asks how to tax the rental of a rural house they intend to build, its VAT implications, and whether they must register as self-employed. The DGT determines that, in the absence of hotel services or employees, the income is classified as real estate capital and the rental is exempt from VAT.

The question raised

Question posed: Requests to know the classification of the income obtained in the Personal Income Tax, the taxation in Value Added Tax, and whether they must register in the Special Regime for Self-Employed Workers.

The DGT's ruling

If the lease of the dwelling does not include services from the hotel industry (restaurant, cleaning, etc.) and no person is employed under a full-time employment contract, the income is classified as income from real estate capital. Regarding VAT, the lease of a dwelling for exclusive residential use is exempt if it is limited to making the property available without complementary services. If the activity is exclusively exempt leasing, there is no obligation to submit periodic tax returns or an annual summary.

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