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V1965-23 6 July 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos de capital inmobiliario

Vehicle expenses are not deductible from income from real estate capital if no economic activity is established

A taxpayer asks whether they can deduct expenses for their private vehicle used for the maintenance of their rented apartments. The DGT responds that, since renting is not an economic activity, vehicles are not assets used for business purposes and are not deductible.

The question raised

Question posed: Which vehicle-related expenses could be deducted in the section for expenses related to income from real estate capital?

The DGT's ruling

For the leasing of real estate to constitute an economic activity, at least one person must be employed under a full-time employment contract. If this requirement is not met, vehicles used totally or partially for management are not considered assets used for business purposes. Therefore, neither depreciation nor expenses derived from their use are deductible.

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