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V1583-25 8 September 2025 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
IP · obligación real

Debt not deductible after property transferred to a society

An Italian resident asks whether they can deduct the debt from a loan used to buy and improve a property after transferring that property to a society. The DGT responds that the debt is not deductible because the capital was invested in an asset no longer part of their patrimony.

The question raised

Question posed: Whether, following the contribution of the real estate property to the company, the taxpayer could deduct in their tax base the debt held personally for the acquisition, construction, and improvement of the real estate property.

The DGT's ruling

Upon contributing the real estate property to a company, the taxpayer ceases to be the owner of the asset and becomes the holder of shares in the entity. Pursuant to Article 9.4 of the LIP, in cases of real obligation, only debts for capital invested in assets located in Spain that form part of the tax base are deductible. Since the real estate property is no longer owned by the taxpayer, the debt linked to its acquisition is not deductible.

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