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V1430-19 14 June 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Minimum depreciation must be applied to calculate the acquisition value of an asset used for business purposes

A taxpayer inquired how to calculate the capital gain or loss from the sale of a property used for an economic activity that had not been depreciated. The Directorate General for Taxes (DGT) ruled that the acquisition value must include the mandatory minimum depreciation.

The question raised

Determination of the capital gain or loss derived from the sale thereof.

The DGT's ruling

The transfer of assets used in an economic activity generates a capital gain or loss based on the difference between the transfer value and the acquisition value. The acquisition value is the book value, but it must be reduced by tax-deductible depreciation. In years in which the real estate has not been depreciated, the minimum depreciation provided for in the Tax Regulations must be taken into account.

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