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Practical Income Manual 2019.

Full returns

Leasing of real estate or constitution or transfer of rights or powers of use or enjoyment thereof

Regulations: Art. 22.2 Law Personal Income Tax

The amounts that the acquirer or assignee of the rights or powers of use or enjoyment constituted over the real estate or, where applicable, those that the tenant or subtenant of such properties must satisfy, constitute full returns on real estate capital. .

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

The amounts received by the lessee in the case of transfer or assignment of leasing rights are considered capital gains, but those received in the case of subletting are returns on movable capital.