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V2723-23 6 October 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · arrendamiento con opción de compra

Granting a call option generates a capital gain independent of the subsequent sale

A query was made regarding the taxation of a lease with an option to purchase and whether the contract requires a public deed. The DGT indicates that the granting of the option and the subsequent sale are two distinct changes in assets.

The question raised

Taxation of the transaction under Personal Income Tax. It also requests to know whether the lease agreement with an option to purchase must be recorded in a public or private document.

The DGT's ruling

The granting of a call option constitutes an asset alteration that generates a gain at the time of its formalization, which must be included in the savings tax base. If the option is exercised, the transfer of the real estate generates a second asset alteration. To calculate the gain from the sale, the amount received for the option and the rental income may be deducted from the transfer value, if so agreed.

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