The Supreme Court in Spain has ruled that money paid for a rent-to-buy home scheme is tax deductible in the IRPF tax declaration for investment in property.
This means that the Court takes this type of lease to be a type of construction of the taxpayer’s permanent residence, i.e. the payment of money to the developer.
It considers it as the purchase of a main residence is being in both cases, so that the taxpayer, can benefit from the deduction for the purchase. So, essentially if you are filling in a Spanish tax form, you need to make sure that you get the full benefit of the ruling.
The Supreme Court states that the renter’s intention to eventually buy the house must be clear, since only then is it possible to consider that when each monthly rental fee was paid, and that they were actually paying towards ownership of the home.
In the case that led to the Court ruling, the taxpayer in question had signed a contract with a cooperative, by which he assumed the commitment to exercise the right to purchase after 10 years of renting the house.
During this period, each “partner” in the cooperative was jointly responsible for the part of the mortgage corresponding to the property finally transferred. The payment of this mortgage was made through the rent.
For its part, the cooperative was contractually obliged not to transfer the property to any person other than the co-operator, provided that the latter complied with the payment of the rent.