At the time of purchase, the taxpayer in question was entitled to a tax benefit, that is, they paid a lower IMT rate due to the fact that the building was intended exclusively for housing. If, in the following six years, you allocate it to Local Accommodation activities, the incentive expires and becomes subject to a higher rate, so you must rectify the IMT settlement, paying the portion of the tax that was not charged at the time.

The issue is not new, as there are already guidelines from tax services in previous years, but the question was raised again by a taxpayer who purchased a property on August 12, 2021. “You want to know whether the allocation of part of the property purchased for housing, Local Accommodation, in the form of accommodation establishments (hostel), within a period of six years after the acquisition, will result in the loss of the benefit of reduced IMT rates that you enjoyed when purchasing it”, reads the same note.

In response, the AT begins by clarifying that “the benefits of exemption and reduction of fees”, which appear in article 17 of the IMT Code, “take into account the use made by the acquirer and not just the impact resulting from the licensing ”, according to the order signed on July 7th by the director of IMT Finance services.

Thus, if a family buys a property exclusively for housing, which could be a second or third home, they are subject to rates starting at 1% for dwellings worth up to 101,917 euros. If this same building had been purchased to open a Local Accommodation activity, the taxation would be higher, at 6.5%.

Thus, “the benefit granted in the form of exemption or reduction of fees will expire if, within the period of six years, counting from the acquisition, the property is given a different destination to that which motivated its granting”, indicates the AT.

For example, if you bought a house for 100 thousand euros, you paid 1,000 euros in IMT, which corresponds to a rate of 1%. If the Local Accommodation activity affects the property, you will have to pay an additional 5,500 euros, since the tax due for this purpose would be 6,500 euros, (rate 6.5%).