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V3012-20 6 October 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · rendimientos del capital inmobiliario

Amortisation of leased property may be deducted using different rules for bare ownership and usufruct

A taxpayer holding 50% full ownership and life usufruct of a rented property has requested clarification on how to calculate deductible amortisation. The DGT ruled that separate calculations must be applied for the ownership interest and the usufruct.

The question raised

Request to know the amount that may be deducted as depreciation of the property intended for lease.

The DGT's ruling

For the portion of which they are the full owner, the depreciation is 3% of the higher between the acquisition cost (excluding land) or the cadastral value (excluding land). For the life usufruct acquired by inheritance, the depreciation is 3% of the acquisition cost paid (inheritance tax and inherent expenses).

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