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V1756-22 22 July 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Compensation for renouncing an old-regime lease agreement is taxed as a capital gain

An old-regime tenant inquires whether the compensation received for vacating their dwelling is subject to Personal Income Tax (IRPF). The DGT responds that said amount constitutes a capital gain that must be included in the savings tax base.

The question raised

Question posed: Taxation of the aforementioned compensation in Personal Income Tax.

The DGT's ruling

The receipt of compensation for the renunciation of leasehold rights implies an alteration in the composition of assets that generates a capital gain. The amount of the gain shall be the sum received for the termination of the contract. Depending on the acquisition date of the right, a reduction pursuant to the ninth transitional provision of the LIRPF could be applied. The gain obtained shall be included in the savings tax base.

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