How the DGT's position has evolved
Current position
There is no obligation to withhold tax on income from the lease of urban real estate if the lessor meets the requirements of article 61.1.i) of the RIS. The activity must be classified under headings that authorize leasing, and the amount resulting from applying the rules of group 861 to the cadastral value must not be zero. The lessor bears the burden of proving this compliance to the lessee.
The sequence of rulings does not show a doctrinal evolution on a single concept, but rather addresses diverse matters such as census obligations, non-monetary contribution regimes, withholdings, and the deductibility of expenses. There is no detectable trajectory of change or refinement due to the heterogeneity of the topics addressed.
Analysis based on 56 of 62 rulings with a stated position. Updated 19 September 2026.