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V1115-26 19 May 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital inmobiliario

Legal expenses in eviction proceedings deductible for property income

The DGT confirms that legal and notary fees for evictions are deductible as legal defence costs related to the property.

The question raised

Question raised: It is asked whether the fees paid to a lawyer and solicitor in connection with eviction proceedings are deductible for the determination of the net income from real estate capital.

The DGT's ruling

Legal and solicitor fees arising from an eviction are considered legal defense expenses relating to assets or income. Therefore, they are deductible for the purpose of determining the net income from real estate capital. These expenses must be attributed to the tax period in which they become due to the recipient.

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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