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A shareholder with more than a 25% stake provides free use of a property to their company. The DGT has ruled that, as this is a transaction between related parties, it must be valued at market value and taxed as income from real estate capital.
Cuestión planteada Obligación de practicar retención por parte de la sociedad consultante por el Impuesto sobre la Renta de las Personas Físicas.
Al existir vinculación entre el socio (con participación igual o superior al 25%) y la sociedad, la cesión gratuita del inmueble debe valorarse por su valor de mercado. Esta renta se califica como rendimiento íntegro del capital inmobiliario para el socio. No existe obligación de practicar retención sobre este rendimiento.
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