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V1220-23 10 May 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital inmobiliario

Renting an office without employees is treated as real estate capital income when due

A taxpayer inquired about the timing for reporting income from an office lease. The Directorate General for Taxes (DGT) ruled that, as there are no employees, the income is classified as real estate capital income and must be reported when it becomes due.

The question raised

Question posed: Requests to know how the income obtained from said lease must be temporally imputed in the Personal Income Tax.

The DGT's ruling

The leasing of real estate is only an economic activity if at least one person is employed under an employment contract and on a full-time basis. As this requirement is not met, the income is considered income from real estate capital. This income must be imputed to the tax period in which it becomes due to the recipient.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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