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V2010-14 25 July 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · sociedad civil

Depreciation of a used oven in a civil partnership is governed by Corporate Tax rules

A taxpayer inquired about the depreciation of a second-hand oven for a civil partnership engaged in tableware decoration. The DGT ruled that civil partnerships attribute income to their partners and that depreciation calculations must comply with Corporate Tax regulations or the specific rules of the direct estimation method.

The question raised

How the oven intended to be acquired shall be depreciated.

The DGT's ruling

Civil societies are not taxpayers of Personal Income Tax, but rather attribute income to their partners, which maintains the nature of income from economic activities. Net income is determined according to the rules of Corporate Income Tax; therefore, the depreciation of an asset used for the activity shall be calculated in accordance with Article 11 of the TRLIS and its Regulations, considering the rules for used goods. If the simplified direct estimation method is applied, the simplified depreciation tables and the rules for small-scale enterprises shall apply.

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