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V1674-22 14 July 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

The acquisition value of the real estate must be reduced by depreciation even if it has not been deducted

The taxpayer asks whether the depreciation of a rented property must be taken into account to calculate the capital gain upon its sale, given that it was not deducted as an expense. The DGT responds that the acquisition value must be reduced by the fiscally deductible depreciation, regardless of whether it was applied as an expense or not.

The question raised

Question posed: Whether the depreciation of the property must be computed for the purposes of determining its acquisition value for the calculation of the capital gain.

The DGT's ruling

To determine the capital gain or loss in the transfer of real estate, the acquisition value must be reduced by the amount of the fiscally deductible depreciation. This reduction must be carried out regardless of whether said depreciation was effectively applied as an expense during the lease period. The minimum depreciation must be computed according to the provisions of the Personal Income Tax Regulations.

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