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A pharmacist married under a separation of assets regime wishes to formalise a loan for use agreement to use a premises owned by her husband free of charge. The DGT indicates that the market value of such a transfer must be deducted from the economic activity.
Cuestión planteada Efectos de la formalización de dicho contrato en el IRPF de la consultante.
Al realizar el cónyuge cesiones de bienes que sirvan al objeto de la actividad económica, se debe deducir la contraprestación estipulada o el valor de mercado. Dicha cantidad se considerará rendimiento del capital inmobiliario para el cónyuge que cede el bien. Esta regla no se aplica si los bienes son comunes a ambos cónyuges.
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