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V2747-20 9 September 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · arrendamiento de vivienda

At least one full-time employee required for residential leasing to qualify as an economic activity

A company dedicated to residential leasing has enquired whether it can benefit from the special tax regime. The DGT clarifies that, for leasing to be classified as an economic activity, the company must employ at least one person under a full-time employment contract.

The question raised

Possibility of applying the special regime for entities dedicated to the leasing of residential property.

The DGT's ruling

For the leasing of real estate to constitute an economic activity, the existence of at least one employee under a full-time employment contract is required. Said contract must be classified as an employment contract under current regulations, and the remuneration must be distinct from that of an administrator position. If these requirements and the others established in Articles 48 and 49 of the LIS are met, the entity may apply the special regime.

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