Legal tip 685. Taxes in rentals with option to buy
Wednesday, January 18, 2012 @ 11:47 PM
It depends on the way the contract is agreed, there is NOT just ONE formula for this type of agreements but can be tailored according to parties wishes:
-If you pay an initial amount for the option, this and rentals will be taxed with VAT 18%. Once the option is exercised, you will substract the amount paid at the beginning and will pay either transfer tax or VAT- depending on first of subsequent transmissions- at the applicable rate ( 4% or 7%)
- Same if you pay nothing at the beginning but the contract clearly stablishes that rentals will be counted as part of the price if the option is exercised.
- If the contract states that amounts are partially rent and partially will be considered part of the price. Each part will tribute correspondingly ( rentals- 18%,part of the price 4% or 7%). If the option is not finally exercised the taxpayer will be reimbursed the amounts paid as part of the price and its corresponding taxes.
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
"Algodonales, pueblo aceitero", Cádiz, Spain, by maesejose, at flickr.com