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V1699-20 29 May 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · régimen especial

Leasing to a commercial company prevents access to the special regime for entities dedicated to residential leasing

A company dedicated to residential leasing has enquired whether leasing properties to another commercial company allows it to benefit from the special regime under the Corporate Income Tax Act (LIS). The Directorate General for Taxes (DGT) has ruled that it does not, as the purpose of the housing must be to satisfy the tenant's permanent housing needs.

The question raised

1. Whether the lease concluded with a company, as described in the previous section, can be considered a residential lease eligible for the special regime for entities dedicated to residential leasing, according to the scope of application of said special regime.

The DGT's ruling

To apply the special regime, the lease must comply with the definition of the Urban Leasing Act, whose primary purpose must be to satisfy the permanent housing need of the lessee. When leasing to a commercial company that subsequently assigns the dwellings to natural persons, this requirement is not met. Furthermore, leasing to a commercial company would prevent compliance with the three-year maintenance period required by law.

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