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V1779-19 11 July 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · fondo de comercio

Goodwill depreciation is not deductible if the acquisition was not an onerous transaction

A person received the donation of a pharmacy, which included goodwill, and inquired whether they could deduct its depreciation. The DGT ruled that since the acquisition was not an onerous transaction, such a deduction is not permitted.

The question raised

Whether it is possible to deduct the amortization of goodwill.

The DGT's ruling

To determine the net income from economic activities for Personal Income Tax purposes, reference is made to the Corporate Tax regulations. Goodwill may only appear in the assets when its value arises from an onerous acquisition in a business combination. As there was no onerous character in the acquisition, the amortization of goodwill is not deductible.

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