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V4294-16 6 October 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · régimen especial de arrendamiento de vivienda

Special housing lease regime applicable without horizontal division, provided separate accounting is maintained

The applicant asks whether they can apply for the special housing lease regime without the building having a horizontal division and if each studio must be accounted for separately. The DGT rules that this is possible if the contracts meet the definition of a housing lease and if accounting records are kept that allow for the determination of the income from each individual unit.

The question raised

Whether, under the circumstances described, the company may adopt the special regime for entities dedicated to the leasing of housing in Corporate Income Tax. Furthermore, whether separate accounting is required for each studio, or if, due to the lack of segregation, they may be accounted for jointly as a single property developed by the company.

The DGT's ruling

To apply the special regime, the lease must satisfy the permanent housing requirement pursuant to the Urban Leasing Act. The absence of horizontal division does not preclude the regime if the buildings meet said definition and the contracts are valid. It is mandatory to maintain separate accounting for each property to allow for the determination of the income corresponding to each dwelling, even if the building is registered as a single unit.

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