Buying vs Leasing Office Space in Spain: The Tax Difference That Changes the Maths

Buying and leasing office space in Spain sit on completely different tax tracks — and knowing which track applies to which purchase changes the real cost comparison more than most buyers expect.

New-build and resale offices are taxed differently

A new-build commercial property, bought directly from a developer, is subject to 21% VAT plus a smaller stamp duty (AJD). A resale commercial property is subject to Property Transfer Tax (ITP) instead. You never pay both on the same purchase — it is always one or the other, determined by whether the property is new or previously owned.

What resale ITP actually costs

ITP rates vary significantly by autonomous community — from around 6% in some regions up to 10% or 11% in others — plus a separate stamp duty of roughly 0.4% to 2%, also region-dependent. The region matters as much as the property itself when estimating the purchase cost.

The buyer, not the seller, pays

Spanish law places the ITP obligation squarely on the buyer of a resale property. The seller has no corresponding obligation to contribute to this tax.

Leasing sidesteps the purchase tax — but not all tax

Choosing to lease rather than buy avoids the ITP/VAT question entirely at entry. It does not avoid tax altogether, though — ongoing commercial rent is itself generally subject to VAT, so a genuine cost comparison needs to look at the total cost over your expected occupancy term, not just the up-front purchase tax.

There’s no single right answer

The region’s transfer-tax rate, how long you realistically plan to occupy the space, and how much you value leasing’s flexibility against ownership’s long-term equity all feed into this decision differently for every buyer — it is a calculation to run case by case, not a rule of thumb.

Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es if you want the buy-vs-lease tax comparison run properly for your specific region and timeline.

Frequently Asked Questions

Do I pay the same tax buying a new office as buying a resale one?

No — a new-build commercial property bought directly from a developer is subject to 21% VAT plus a smaller stamp duty, while a resale commercial property is subject to Property Transfer Tax (ITP) instead, which varies by region. You never pay both taxes on the same purchase, only one or the other.

How much does ITP typically cost on a resale office?

It varies significantly by autonomous community — rates run from around 6% in some regions up to 10% or 11% in others, plus a separate stamp duty of roughly 0.4% to 2% depending on the region.

Who is responsible for paying ITP — buyer or seller?

The buyer. Spanish law places this obligation squarely on whoever is acquiring the resale property, with no obligation on the seller’s side.

Does leasing instead of buying avoid these transfer taxes?

Yes, at entry — leasing sidesteps the ITP/VAT purchase-tax question entirely, though ongoing commercial rent is itself generally subject to VAT, so the tax comparison should look at total cost over the expected term, not just the up-front purchase tax.

Which option makes more financial sense?

It depends heavily on the region’s transfer-tax rate, how long you plan to occupy the space, and whether you value the flexibility of leasing against the long-term equity of ownership — a case-by-case calculation rather than a rule that favours one option generally.

For hospitality-specific premises, see our guide to buying a restaurant or bar in Spain.

If taking over an existing lease is an option, our guide to what traspaso actually means explains the mechanism involved.

For an industrial rather than office premises, our guide to buying an industrial unit (nave) in Spain covers the zoning checks specific to that use.