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V3528-20 10 December 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Property acquisition value must be reduced by minimum depreciation, even if not deducted as an expense

The taxpayer asks whether they must apply property depreciation when calculating capital gains from a sale, even if they have not deducted said expense from their income from real estate capital. The DGT rules that the acquisition value must be reduced by the mandatory minimum depreciation.

The question raised

Whether, for the purposes of calculating the capital gain derived from the transfer of a property that has been leased, the depreciation of the property must be taken into account for the calculation of its acquisition value, despite the transferor never having deducted any expense for said concept for the determination of income from real estate capital.

The DGT's ruling

The acquisition value of the transferred assets shall be reduced by the amount of the tax-deductible depreciation, computing in all cases the minimum depreciation, regardless of its actual consideration as an expense. This minimum depreciation shall be determined according to the maximum depreciation period or the corresponding fixed percentage. The percentage shall be applied based on the number of days the property has been leased during each tax period.

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