How the DGT's position has evolved
Current position
The lease of a business requires the transfer of a patrimonial unit with its own life and an organizational structure that allows for immediate exploitation. If it does not constitute an economic activity for the lessor, it is classified as income from movable capital. To avoid withholding, it must meet the requirements of economic activity and its own structure; otherwise, it is treated as a lease of urban real estate subject to withholding.
The DGT's position remains constant in the distinction between real estate leasing and business leasing. The doctrine requires the existence of a patrimonial unit with its own life and organizational structure for the business classification. Rulings confirm that, without these elements, the operation is taxed as income from movable capital or a lease of urban real estate.
Analysis based on 44 of 48 rulings with a stated position. Updated 23 September 2026.