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V1672-22 14 July 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · afectación de elementos patrimoniales

Depreciation and premises expenses may be deducted if ownership is held jointly by spouses

A taxpayer asks what percentage of depreciation and premises expenses can be deducted for a property shared with a domestic partner. The DGT responds that they may deduct their undivided share and that, if they marry, the property will be considered used for the activity in its entirety.

The question raised

Question posed: What percentage may the inquirer deduct in respect of premises depreciation, and what expenses associated with said property could be deducted in the event that they marry.

The DGT's ruling

If the taxpayer is a co-owner of the premises, they may deduct the depreciation corresponding to their undivided share. If they marry, the property held in joint ownership is considered an asset used for the activity of the spouse carrying out the business in its entirety. In this case, all expenses derived from the premises, including depreciation, are deductible for the spouse performing the activity, without the other spouse having to impute income for its use.

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