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V1516-22 24 June 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · fondo de comercio

Only goodwill acquired for consideration and interest on excess adjudication payments are tax-deductible

A taxpayer inquired whether they could deduct the amortisation of goodwill and interest paid to siblings following the inheritance of a pharmacy involving an excess adjudication. The Directorate General for Taxes (DGT) ruled that only the portion of goodwill acquired for consideration is amortisable, and that the interest is deductible as it relates to the acquisition of the business.

The question raised

Whether the existence of goodwill could be considered in the operation. If so, what would be the amount that could be reflected as an annual deductible expense and whether the interest paid can be considered a deductible expense.

The DGT's ruling

The amortization of goodwill is deductible up to an annual limit of one twentieth of its amount, but in inheritances, it only applies to the portion acquired for consideration. Interest on the deferral of payment for the excess adjudication amount constitutes deductible expenses as they are correlated with the generation of income from the economic activity. The calculation of goodwill must comply with the rules of the General Accounting Plan.

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