Full returns

Leasing of real estate or creation or transfer of rights or powers of use or enjoyment over the same

Regulations: Art. 22.2 Law Income Tax

The gross income from real estate capital shall be the amounts that must be paid for all purposes by the purchaser or assignee of the rights or powers of use or enjoyment established on the real estate or, where applicable, those that must be paid by the lessee or sub-lessee of such real estate.

Note: The amounts received or that should be received due to the remaining assets transferred with the property such as, for example, furniture and fixtures, excluding Value Added Tax (VAT) or, where applicable, must be included among the income from real estate capital. , the Canary Islands General Indirect Tax (IGIC).

Sublease or transfer

In the case of sublease or transfer, the owner or usufructuary of the property must compute as gross income from real estate capital the amounts received as participation in the price of such operations.

The amounts received by the lessee in the event of transfer or assignment of the lease rights are considered capital gains, but those received in the event of subleasing are income from movable capital.