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V1857-24 6 August 2024 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · régimen especial de arrendamiento de viviendas

SOCIMI dividends do not qualify for housing rental tax relief

A company dedicated to property leasing has requested clarification on whether dividends received from a SOCIMI (Real Estate Investment Trust) qualify for tax relief under the special housing rental regime. The Directorate General for Taxes (DGT) has ruled that these dividends do not constitute income derived from leasing activities and therefore do not count towards the relief calculation.

The question raised

1. Whether the tax relief of the special regime for the leasing of residential property can be applied to dividends received from a SOCIMI.

The DGT's ruling

The special regime tax relief applies to income derived from the leasing of residential property, consisting of the income obtained from the lessee. Dividends received from a SOCIMI do not entitle the holder to the tax relief because they do not derive from the main economic activity of leasing. Furthermore, holdings in a SOCIMI are not assets capable of generating eligible income for the calculation of the investment ratio.

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