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A taxpayer inquired whether a premises acquired at 50% ownership with their partner could be considered entirely related to their economic activity. The DGT ruled that only the portion owned by the taxpayer may be considered related.
Cuestión planteada Si, a pesar de que el local va a ser adquirido al 50 por ciento por la consultante y su pareja, puede considerarse el mismo como elemento patrimonial afecto a la actividad económica en su totalidad.
La parte indivisa del local que sea adquirida por el contribuyente se considerará elemento patrimonial afecto a su actividad económica. En consecuencia, solo serán deducibles las cantidades en concepto de amortización correspondientes a dicha parte indivisa. No se afecta la totalidad si la titularidad es compartida.
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