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V1354-20 12 May 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · régimen especial

Corporate Tax relief unavailable if only usufruct of the property is held

A company has requested clarification on whether rental income derived from the acquisition of a temporary usufruct qualifies for the special tax relief regime for residential leases. The Directorate General of Taxes (DGT) has ruled that this is not possible, as the law requires that the properties must have been constructed, developed, or acquired by the company itself.

The question raised

Question raised: Whether the rents collected by the company for said temporary usufruct (half of the total rent amount) may benefit from the tax relief provided in Article 49 of Law 27/2014, of November 27, on Corporate Income Tax, or whether said tax relief is only possible if acquired together with the bare ownership.

The DGT's ruling

To benefit from the special regime, the dwellings must have been constructed, developed, or acquired by the company. Dwellings obtained through other legal titles, such as usufruct or temporary exploitation rights, are not eligible for the application of this regime or its tax relief.

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