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V1929-25 15 October 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · opción de compra

Granting and exercising a purchase option create two distinct patrimonial changes

The consultant asks when rental contract payments with a purchase option are taxable. The DGT responds that granting the option constitutes one patrimonial change, while exercising it constitutes a separate one.

The question raised

A request to determine at what moment the capital gain is generated and how the different payments received each year must be taxed for the purposes of Personal Income Tax.

The DGT's ruling

The granting of a call option generates a capital gain at the time of its formalization, which is included in the savings tax base. The subsequent exercise of the option and the transfer of the real estate constitute a new change in assets. To calculate the gain from the sale, the amounts received for the option and for the lease shall be deducted from the transfer value, if so agreed. These rents and the option price constitute a reduction in the transfer value.

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