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Practical Manual of Companies 2022.

Option to the regime

Regulation: Articles 48.3 and 48.4 LIS

Entities that intend to benefit from the regime of entities dedicated to housing leasing must notify it to the Tax Administration. The special tax regime will be applied in the tax period that ends after said communication and in the subsequent ones that end before the renunciation of the regime is communicated to the Tax Administration.

These entities will not be able to opt for this special regime when they apply any of the other special regimes regulated in Title VII of the LIS, except for fiscal consolidation, international tax transparency and mergers, spin-offs, contributions of assets, exchange of securities. and that of certain financial leasing contracts.

However, entities that are considered small may choose between applying their special regime or that of entities dedicated to housing rentals. For these purposes, the application of the regime for entities dedicated to housing rentals is incompatible in the same tax period with the application of tax incentives for small companies, whether said incentives come from that same tax period in which The entity meets the requirements to be considered small or of a previous nature.