How the DGT's position has evolved
Current position
The reduction under Article 23.2 of the LIRPF (Personal Income Tax Law) requires that the contract proves the destination as a residence according to the LAU (Urban Leasing Act) and that the use is to satisfy the permanent need of a specific natural person. It is not applicable if the lessee is a commercial company without an identified natural person for the use. The proof of this destination is a matter of fact that must be proven by the taxpayer.
The DGT's position remains stable regarding the necessity for the lease to be for a permanent residence, but it has specified the accreditation requirements. It has been clarified that the reduction is possible even with corporate lessees if the natural person who will inhabit the property is identified. Likewise, the boundary between the IVA (VAT) exemption and the provision of hotel services has been delimited.
Turning points
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Establishes that leases with complementary services from the hotel industry are subject to IVA at 10% and lose the exemption.
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Specifies that the IRPF reduction applies even if the lessee is a commercial company, provided that the purpose of housing for a specific natural person is proven.
Analysis based on 53 of 54 rulings with a stated position. Updated 18 September 2026.