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A taxpayer inquired whether they could apply the profit reinvestment deduction after purchasing the premises where they carry out their business activity. The Directorate General for Taxes (DGT) ruled that this is not possible, as the investment must be made in new assets.
Cuestión planteada Aplicación por la compra del local de la deducción por inversión de beneficios.
La normativa exige que la inversión se realice en elementos nuevos de inmovilizado material o inversiones inmobiliarias afectos a actividades económicas. Al tratarse de la adquisición de un local que ya existía, la inversión inmobiliaria no puede calificarse como elemento nuevo, impidiendo la aplicación de la deducción.
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