Skip to content
Back to index
V2930-19 23 October 2019 · SG de Impuestos sobre el Consumo Criterion in force
IVA · arrendamiento con opción de compra

Taxation of lease with option to purchase depends on whether the transaction is subject to or exempt from VAT

A query was raised regarding the liability for VAT and Transfer Tax (ITP/AJD) in a lease agreement with an option to purchase real estate. The DGT explains that the nature of the transaction (supply of goods or provision of services) and its VAT exemption status determine whether it is subject to ITP/AJD or AJD.

The question raised

Question raised: Liability for Value Added Tax. Liability for the Tax on Onerous Transfers of Assets and on Documented Legal Acts.

The DGT's ruling

If the transaction is subject to and not exempt from VAT, it is not subject to the onerous transfer of assets modality of the ITP/AJD, although it may be subject to AJD if documented in a public deed. If the transaction is exempt from VAT, it shall be taxed under the onerous transfer of assets modality of the ITP/AJD. In a lease with an option to purchase, three distinct business transactions are distinguished: the establishment of the lease, the establishment of the option, and the exercise thereof.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

Email
Contact