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V0922-15 25 March 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · deducción por inversión de beneficios

For the profit reinvestment deduction, properties must be new

A commercial premises rental company asks whether, to apply the deduction under Article 37 of the TRLIS, properties must be newly constructed. The DGT responds that the investment must be made in new assets, considering a property as new when it is placed in operating condition for the first time.

The question raised

Question posed: Whether, for the application of the deduction under Article 37 of the TRLIS, in the case of real estate, these must be newly constructed.

The DGT's ruling

The profit reinvestment deduction requires that the investment be made in new elements of tangible fixed assets or investment properties. For a property to be considered new for the purposes of this deduction, it must be placed in operating condition for the first time.

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