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V1961-25 16 October 2025 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · lease-back

In finance lease-backs, no taxable income or asset amortisation is affected

The query asks about the tax treatment of a sale with a finance lease-back. The DGT responds that if the operation is a financing method, no taxable income is generated and asset amortisation is not altered, and the accounting treatment should apply.

The DGT's ruling

If the economic conditions imply that the transaction is a finance lease, no accounting or tax income shall be generated from the transfer of the asset. The entity shall continue to depreciate the asset under the same conditions and based on the same value prior to the transfer. Financial expenses derived from the financial liability shall be deductible provided they meet the general requirements and the limit set forth in Article 16 of the Corporate Income Tax Law.

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