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V1558-24 25 June 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · opción de compra

Granting and subsequent exercise of a call option result in two distinct changes to assets

A taxpayer queried the tax treatment of a lease agreement with a call option following the exercise of said option. The DGT ruled that the granting of the option and the subsequent sale are two independent taxable events.

The question raised

Taxation of the transaction under Personal Income Tax.

The DGT's ruling

The granting of a call option generates a capital gain at the time of its formalization, which is included in the savings tax base. The exercise of the option and the transfer of the real estate constitute a new change in assets. To calculate the gain or loss on the transfer, the amount received for the option and the rental income, if so agreed, shall be deducted from the transfer value.

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