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V1835-24 1 August 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · arrendamiento con opción de compra

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

A query was made regarding the tax treatment of amounts received under a lease with an option to purchase. The DGT ruled that the granting of the option and the subsequent sale are two separate events with distinct tax implications.

The question raised

If the tenant ultimately exercises the purchase option, what would be the tax treatment of the amounts received under Personal Income Tax.

The DGT's ruling

The granting of a purchase option results in a capital gain at the time of its formalization, which is integrated into the savings tax base. If the option is subsequently exercised, the transfer of the real estate generates a new change in assets. In this second case, the amounts received for the option and for the lease may be deducted from the transfer price if so agreed, reducing the transfer value for the calculation of the gain or loss.

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