How the DGT's position has evolved
Current position
The obligation to perform withholding depends on the payer being a liable subject and the income being subject to said obligation. In the case of urban real estate leases, no withholding applies if the lessor meets the requirements of article 61.1.i) of the RIS, which must be proven to the lessee. Withholding is a mandatory obligation of the payer and not an option for the recipient.
The DGT's position remains constant in defining the nature of withholding as a mandatory and imperative advance payment. Throughout the rulings, the cases of exemption or lack of obligation have been specified, such as in the case of non-business natural persons, specific forestry activities, or leases that meet the requirements of the RIS.
Turning points
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It is established that the recipient has no option to choose whether or not to have the IRPF (Personal Income Tax) advance withholding applied, as it is a mandatory obligation of the payer.
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The absence of a withholding obligation in urban real estate leases is specified when the lessor meets the requirements of article 61.1.i) of the RIS.
Analysis based on 29 of 30 rulings with a stated position. Updated 24 September 2026.