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A British company asks whether interest paid on a mortgage to buy property in Spain is deductible. The DGT responds that, when calculating capital gain or loss, interest paid by the buyer must be excluded from the acquisition value.
Question raised 1. Whether the remunerative interest paid by the company to the partners for the loan obtained for the acquisition of the real estate that is now to be sold is tax deductible.
To calculate the capital gain or loss from the transfer of real estate, the acquisition value is composed of the actual purchase price, the cost of investments, improvements, and expenses or taxes inherent to the acquisition. Notwithstanding, the regulations expressly establish that any interest paid by the acquirer must be excluded.
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