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V1279-18 17 May 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · usufructo

Usufructuaries may amortise acquisition costs within the limit of gross returns

A usufructuary of a commercial premises has enquired about the calculation of depreciation for income from real estate capital. The DGT has ruled that they may amortise the acquisition cost paid, following specific rules based on the duration of the right.

The question raised

Calculation of amortization.

The DGT's ruling

If the income derives from a right of use or enjoyment, the acquisition cost may be amortized within the limit of the gross income. If the right has a fixed term, the amortization is the cost divided by the number of years of duration. If it is for life, a rate of 3 percent is applied to the acquisition cost.

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