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V3437-15 11 November 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · socimi

Inclusion of furniture and operating subsidies in SOCIMI requirement calculations

A company converting into a SOCIMI has requested guidance on how to account for certain assets and income to meet legal thresholds. The DGT has ruled that household furniture and subsidies compensating for low rents in social housing can be included in the calculation of investment and income requirements.

The question raised

The following questions are raised, once the consulting entity transforms into a SOCIMI and opts for the application of the special tax regime provided for in Law 11/2009, in relation to the treatment that certain aforementioned assets and income will receive for the purposes of computing the asset requirement and the income requirement established in said Law:

The DGT's ruling

Furniture and technical installations intended to equip dwellings for lease may be computed as qualifying assets, provided they are included in the rental price and no differentiation exists. Operating subsidies that compensate for the decrease in income due to the dwellings being social housing must be computed as rental income. For the computation of income, the gross income minus directly related expenses, such as taxes, commercial losses, depreciation, impairment, and interest on loans actually paid by the company, must be used.

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