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V1706-21 2 June 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · arrendamiento con opción de compra

The granting of a purchase option and its subsequent exercise generate two distinct changes in assets

A taxpayer asks how to tax a lease with a purchase option on a property of which they are a co-owner. The DGT responds that the granting of the option and the subsequent sale are separate taxable events.

The question raised

Taxation of the transaction under Personal Income Tax.

The DGT's ruling

The granting of the purchase option constitutes a change in assets that generates a gain in general income at the time of its formalization. The subsequent exercise of the option and the transfer of the property represent a second change in assets that generates a gain or loss in the savings tax base. If agreed upon, the amounts for the option and the lease may be deducted from the transfer price, acting as a reduction in its value.

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