Option to the regime

Regulation: Articles 48.3 and 48.4 LIS

Entities intending to benefit from the regime for entities dedicated to the leasing of housing must notify the tax authorities. The special tax regime will apply in the tax period that ends after said communication and in the successive periods that end before the tax authorities are notified of the renunciation of the regime.

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

However, entities that are considered to be small in size may choose between applying their special regime or that of entities dedicated to the leasing of housing. For these purposes, the application of the regime for entities dedicated to the leasing of housing 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 as small, or from a previous one.