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A professional inquired whether they could assign 20% of a property owned by their spouse to their commercial agent business activity. The Directorate General for Taxes (DGT) ruled that this is not possible because the property does not belong to the holder of the business activity.
Cuestión planteada Si puede afectar parcialmente la vivienda adquirida por su esposa a la actividad profesional desarrollada por el consultante.
Para que un elemento patrimonial se considere afecto a una actividad económica, su titularidad debe corresponder al titular de la actividad. En ningún caso se pueden considerar afectos elementos patrimoniales cuya titularidad no corresponda al titular de la actividad. Por tanto, si el inmueble no es propiedad del consultante, no puede ser un elemento afecto.
What is published here, applied to a company or a specific case. The first meeting is free.
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