On the occasion of the latest changes in terms of taxation, we will list which are taxes on the lease of commercial premises; making a distinction depending on whether the lessor of said local is a natural person, or whether on the contrary, is a legal person.
First, note that both types of leases are subject to VAT; since it is not about rentals for housing, which will be taxed by the Tax Transfer taxation. It will be necessary to submit an invoice to the lessee, being the previously discharged to the Tax Agency. The VAT on leases is 21%.
On the one hand, should be the landlord an individual, the income will be subjected to income taxation, which since the 1st of January of 2016 has been set at 19%, excluding VAT. Therefore this information is included on the receipt of income and other amounts related to the lease. Personal income tax withholding should be subjected, unless the subject was not required.
On the other hand, if the lessor is a legal person, except for specific cases, rental should be taxed by the corporate income tax, which will not be included on the receipt of lease. In this case, therefore, income and amounts under the lease will be included in the receipt; applying VAT on all those concepts that the tenant pays.
In the event that you were to rent your premises, or out to rent one, we recommend that you turn to the legal and tax advisors Daemi Zabalza & Associates, who will ensure that the procedure meets all requirements; and who can advise you throughout the whole contract period.