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V3079-21 9 December 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por rentas en ceuta o melilla

Bank balances in mainland entities cannot be treated as assets located in Ceuta

A query was raised regarding whether the balance of a current account held with a mainland entity, which allows cash withdrawals in Ceuta via an agreement, can be counted towards the requirement of having one-third of assets located in that city. The DGT ruled that it cannot, as the entity itself is not located in Ceuta.

The question raised

In relation to the deduction for income obtained in Ceuta or Melilla and, specifically, with the requirement provided in Article 68.4.1.b) of the Personal Income Tax Law, consisting of the requirement that "at least one third of the taxpayer's net equity, determined in accordance with the regulations governing Wealth Tax, be located in said cities", it is asked whether current account balances in a banking entity on the peninsula that does not have a branch in Ceuta but does have a cash withdrawal agreement with another banking entity that has a branch in Ceuta may be included in the net equity.

The DGT's ruling

For returns on deposits or accounts to be considered obtained in Ceuta or Melilla, the financial institutions must be located in said cities. If the financial entity is not located in Ceuta, the account balance is not considered part of the net equity located in said city to satisfy the requirement for the deduction.

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