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V1750-22 22 July 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · actividad económica

Interest on mortgage loans for professional offices may be deductible

A lawyer married under the community property regime (gananciales) inquired whether she could deduct office expenses and mortgage interest for her professional activity. The Directorate General of Taxes (DGT) ruled that expenses and property depreciation are deductible, although she cannot claim a deduction for consideration due to the asset being community property.

The question raised

Which expenses may be deducted in the Personal Income Tax for the acquisition of said property, specifically the interest on the aforementioned mortgage loan.

The DGT's ruling

Expenses derived from a property used for professional activity, including its depreciation, are deductible for the purpose of determining net income. In the case of common assets under the community property regime, it is not appropriate to deduct a consideration for assignment nor to impute capital income to the spouse. The interest on the mortgage loan intended for the acquisition of the property used for the activity is deductible.

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