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V3158-21 21 December 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · elementos patrimoniales afectos

Expenses and loan interest for a joint marital property office are deductible for Personal Income Tax

A lawyer married under the community property regime asks whether she can deduct expenses for an office acquired jointly with her spouse, as well as the loan interest. The Directorate General for Taxes (DGT) rules that, as it is a common asset, the expenses and depreciation are deductible for her, and no income is attributed to the spouse.

The question raised

Deductibility in the Personal Income Tax of the aforementioned expenses.

The DGT's ruling

A property held in common by spouses may be an asset used for the professional activity of one of them. The expenses derived from said asset, including its depreciation, are deductible for the holder of the activity. It is not appropriate to deduct consideration for assignment nor to impute capital income to the spouse due to it being a common asset. The interest on the loan for the acquisition is deductible if the loan is intended to acquire the asset used for the activity.

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