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V4266-16 5 October 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · resultados extracooperativos

Income from sale of dwellings and premises to non-members taxed at general Corporate Tax rate

A housing cooperative requested clarification on the tax rate applicable to income from the sale of dwellings and premises. The DGT ruled that, as sales are made to third-party non-members, this income is classified as extra-cooperative results.

The question raised

At what tax rate must the income derived from the sale of dwellings and premises be taxed under Corporate Income Tax.

The DGT's ruling

The results arising from the transfer of dwellings and premises to third parties who are not members are considered non-cooperative results. Therefore, the tax benefits applicable to cooperative results do not apply, and instead, the general Corporate Income Tax rate is applied. The applicable rate shall be 28% for periods commencing from 2015 onwards and 25% for those commencing from 2016 onwards.

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