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Practical Manual of Companies 2022.


Regulation: Article 48.2 LIS

In order to apply this special regime, entities must meet the following requirements:

  1. The number of homes rented or offered for lease by the entity in each tax period must at all times be equal to or greater than eight. In this sense, it is recalled that according to the provisions of article 48.1 of the LIS, with regard to the ownership of homes, it is required that the homes have been built, promoted or acquired by the company, so the homes that are available under any other legal title, such as usufruct, temporary right of exploitation or leasing, they may not be included in the calculation of the number of homes rented or offered for rent by the entity.

  2. The homes must remain rented or offered for lease for at least three years, the term of which will be computed:

    1. In the case of homes that appear in the assets of the entity before the moment of benefiting from the regime, from the start date of the tax period in which the option for the regime is communicated, provided that on said date the home was rented. Otherwise, the provisions of section b) below will apply.

    2. If the homes have been subsequently acquired or promoted by the entity, from the date on which they were first rented by it.

    Failure to comply with this requirement will result in the loss of the bonus that would have corresponded to each home. In this case, the entity must enter, together with the Corporation Tax fee corresponding to the tax period in which the non-compliance occurred, the amount of the bonuses applied in all the tax periods in which this would have been applicable. special regime, without prejudice to late payment interest, surcharges and sanctions that may be appropriate. However, it is considered that failure to comply with this requirement in a tax period does not prevent it from continuing to apply in subsequent tax periods, as long as the entity does not renounce the special regime, if all the requirements established for this are met. .

  3. For each property acquired or promoted, the real estate promotion and leasing activities must be accounted for separately , with the breakdown necessary to know the income corresponding to each home, premises or independent registered property in that said properties be divided.

  4. In the case of entities that develop complementary activities to the main economic activity of housing rental, at least 55 percent of the income of the tax period, excluding those derived from the transfer of the leased properties once the minimum maintenance period of three years referred to in point two above has elapsed, or alternatively, at least 55 percent of the value of the entity's assets is capable of generating income that is entitled to the application of the bonus provided for this special regime.