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An individual has requested clarification regarding the taxation of renting a property to sublet it for tourist purposes without additional services. The Directorate General for Taxes (DGT) has determined that for Personal Income Tax (IRPF) purposes, this constitutes income from movable capital. Regarding VAT, the initial lease is subject to the 21% rate, whereas the subsequent subleases are exempt.
Question raised: Taxation and deductibility of expenses in Personal Income Tax, taxation in Value Added Tax, and in the Economic Activities Tax of the described operations.
In Personal Income Tax, as no hotel services are provided, subletting constitutes income from movable capital, allowing for the deduction of necessary expenses and depreciation. For VAT, the initial lease is subject to 21% due to a subsequent transfer in the course of business activity, but subsequent subleases are exempt. In the Economic Activities Tax, the activity is classified under group 685 for non-hotel tourist accommodations.
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