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V2191-20 29 June 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · arrendamiento con opción de compra

Granting a call option and its subsequent exercise result in two distinct changes to assets

The tax treatment of a lease agreement with a call option was consulted. The DGT ruled that the granting of the option and the subsequent sale are separate events with different tax treatments.

The question raised

Tax treatment in Personal Income Tax regarding the income derived from said contract.

The DGT's ruling

The granting of a call option generates a capital gain that is included in the general tax base during the period in which the right is formalized. The exercise of the option and the subsequent transfer of the real estate constitute a new capital alteration that is included in the savings tax base. If agreed upon, the rental income and the option price are deducted from the transfer price to calculate the gain or loss.

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