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V2460-23 14 September 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · actividad económica

Rental of a dwelling abroad is not deductible if used exclusively for personal residence

A self-employed professional inquires whether they can deduct the rent of a dwelling in Belgium necessary for residing during their work stays. The DGT responds that it is not deductible because the expense has an exclusively residential use and is not linked to the economic activity.

The question raised

Question posed: Whether the amount of the monthly rent paid for the rental of the dwelling would be a deductible expense in Personal Income Tax.

The DGT's ruling

For an expense to be deductible, it must be related to the generation of income and it must be proven that it was incurred in the exercise of the activity. The rental of a dwelling is not deductible if the activity is not carried out therein nor does it serve its purpose, its sole aim being to have an occasional place of residence. In this case, as it has an exclusively residential use, the necessary correlation with income does not exist.

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