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V0216-15 21 January 2015 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital inmobiliario

Community fees are deductible from the net income from real estate capital

A query is made as to whether community of owners fees may be deducted for Personal Income Tax purposes regarding residential leasing. The DGT responds that they are deductible, depending on whether they are considered an expense or an investment.

The question raised

Question posed: Deductibility of community fees.

The DGT's ruling

Community fees are deductible for the purpose of determining the net income from real estate capital. Their treatment depends on the purpose of the fees: if they are considered an expense, they are deducted directly; if they are considered an investment or improvement, they are deducted through depreciation. There is no specific section for them in the Regulations, but they are categorized according to their nature.

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