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V3162-20 22 October 2020 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
ITPAJD · arrendamiento financiero

The tax base for AJD on leasing purchase options is the amount of said option

A company has requested clarification regarding the tax base for ITP and AJD in a financial leasing contract. The DGT clarifies that, as these operations are subject to VAT, they are not taxed as onerous transfers, but they are subject to Stamp Duty (AJD) if formalised via public deed.

The question raised

First question raised: What is the taxable base for the Transfer Tax and Stamp Duty?

The DGT's ruling

In the exercise of a purchase option within a financial lease, the taxable base for the gradual installment of the Stamp Duty (AJD) is the amount of said option. The financial lease installments must not be included, as these were already declared and paid to acquire the asset. The applicable tax rate shall be that approved by the competent Autonomous Community or, failing that, 0.50 percent.

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