Conegui the taxation of this complex legal figure
Amid the economic crisis, the convertible with the purchase option is one of the real estate operations that are used most frequently.
What is the convertible with the purchase option?
The convertible with purchase option is a contract made up of two contracts at once: a convertible contract and a purchase option contract. The tenant will pay the renter for the property during the stipulated time and will have the right to purchase the property in the terms that appear in the contract for this purpose. If finally, the tenant decides to purchase the property, at the sale price we will decompact the renter's rents paid and the amount paid as the purchase option.
How the convertible pays tax with the purchase option in the IRPF
During the term of the rental company, the rents collected from the rental car are taxed as the returns on the real estate capital in the general base of the lessor, and this may deduct the expenses associated with the property, and in the case that the property remains a habitat, the 60% reduction may be applied.
The granting of a purchase option on a property produces a capital asset to be integrated into the general impossible base. If the purchase option is subsequently exercised, it will produce an additional capital gain or capital loss that will be integrated into the impossible basis of the settlement decompensating the price of the purchase option and the rental income paid. In this case, two different patrimonial alterations will occur.
How the convertible pays with the purchase option at the Societats Tax
At l'Impost de Societats, you can donate 2 points of view:
1st. If there is no prior commitment on the part of the lessee to exercise the option, the fees collected by the driver will represent an income for the company, and expenses associated with amortizations, repairs, taxes, etc. are deductible. When the purchase option is granted, it will produce an extraordinary benefit per l'import de l'opció. If finally, the lessee exercises the purchase option and acquires the property, it will produce an extraordinary result due to the difference between the sales amount, a decompensated copy of the driver's quotes and the price of the option, and the comparable net value of the property transferred.
It is important to emphasize that in this case, the property is not transferred until the lessee decides to exercise the purchase option and make it effective. While the purchase option is no longer effective, the contract is regulated as a convertible.
2nd. When there is a commitment by the tenant to exercise the option, there is no doubt that the option will be exercised. In this case, it is a bandage. The rent is earned in the tax period in which the contract is formalized by the difference between the total amount to be satisfied between the tenant, whoever followed the form of payment, and the net comparable value of the property transferred. If the sale price is received with successive payments or with only one payment, and the elapsed period between the acquisition and the last payment is greater than one year, the returns are obtained proportionally to the extent that the corresponding collections are payable, except that the company decides to apply the merit criterion. vulgui impute the entire income at the time of sale.
Therefore, observing the complex tax situation of the converter with the purchase option, the Area Assessor recommends that you consult your tax assessor if you have a contract of this type.
Maribel Isart
Fiscal Area
Àmbit Assesor
Do you have any questions about this topic?
Our team of expert advisors will help you resolve any issues related to our services.
Contact us now
A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.
Latest entries from MGI Àmbit
(see all)
Related
