Skip to content
Back to index
V3259-23 19 December 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Compensation for terminating an old-regime lease agreement is taxable as a capital gain

A tenant of an old-regime property has enquired about the taxation of the compensation received for vacating the premises. The DGT has ruled that such compensation constitutes a capital gain for Personal Income Tax (IRPF) purposes.

The question raised

Taxation of compensation under Personal Income Tax.

The DGT's ruling

The receipt of compensation for the waiver of leasehold rights constitutes an alteration in the composition of assets that generates a capital gain or loss. The amount of the gain shall be the sum received for the termination of the contract. Depending on the date of acquisition of the rights, the reduction provided for in the ninth transitional provision of the Personal Income Tax Law (LIRPF) may apply. The gain shall be included in the savings tax base and shall not be subject to withholding.

Book your free first meeting