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V0308-21 19 February 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital inmobiliario

Amortisation of a leased property without economic activity may be deducted up to its acquisition value

The inquirer asks whether they can deduct the amortisation of a commercial premises received via donation and subsequently rented out. The DGT rules that amortisation may be deducted as income from real estate capital, subject to an annual limit of 3% of the higher of its acquisition cost or cadastral value (excluding land value), and an accumulated limit based on its acquisition value.

The question raised

Requests to know whether the depreciation of the cited premises may be deducted.

The DGT's ruling

If the lease is not an economic activity, the income constitutes returns from real estate capital. The annual deductible depreciation cannot exceed 3% of the higher of the satisfied acquisition cost or the cadastral value (excluding the land). For properties acquired for consideration, the limit for accumulated depreciation is the acquisition value (pursuant to art. 36 of the LIRPF), excluding the land value.

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