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V0900-20 16 April 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · amortización

The depreciation of an olive grove cannot be deducted if ownership of the same is not held

A farmer working on leased farms asks whether he can depreciate the value of olive trees through a technical report. The DGT responds that this is not possible because the inquirer is not the owner of the olive trees.

The question raised

Question posed: Whether the depreciation of the olive grove can be deducted as an expense.

The DGT's ruling

To deduct depreciation of fixed assets, these must be used for the activity and their ownership must correspond to the holder of said activity. The only exception is the common property of spouses. As these are leased farms, the inquirer does not hold ownership of the olive grove and cannot depreciate it.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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