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V3322-20 6 November 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital inmobiliario

Granting a call option generates capital gains in general income, while the subsequent sale generates gains in the savings base

A landlord seeks clarification on the taxation of a lease agreement with a call option, where lease payments are deducted from the final purchase price. The DGT rules that granting the option constitutes a capital gain within general income, whereas the subsequent sale constitutes a separate capital gain within the savings tax base.

The question raised

Question posed: Information is requested regarding the taxation for the purposes of Personal Income Tax, Transfer Tax, and local taxation.

The DGT's ruling

The granting of a call option results in a capital gain at the time of its formalization, classified as general income. If the option is exercised, the transfer of the real estate generates a new capital alteration. In this second case, the rental income and the option price paid are deducted from the transfer value to calculate the gain or loss, which is included in the savings tax base.

Apply this to a real case

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

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