How the DGT's position has evolved
Current position
The income obtained is considered income from real estate capital. The 60% reduction under Article 23.2 of the LIRPF (Personal Income Tax Law) only applies if the primary purpose of the property is to satisfy the tenant's permanent housing need. Seasonal leases or leases for uses other than housing do not allow for the application of said reduction.
The DGT's position remains stable in requiring that the contract meets the definition of housing under the LAU (Urban Leasing Act) to access the reduction. It has been specified that the tenant's status as a student does not automatically convert a seasonal contract into a housing contract, focusing the analysis on the primary purpose of the stay.
Turning points
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Establishes that a three-year contract for students can be considered a housing lease and allow for the reduction, differentiating it from a seasonal rental.
Analysis based on 17 of 17 rulings with a stated position. Updated 25 September 2026.