How the DGT's position has evolved
Current position
Deductible depreciation in income from real estate capital is limited to 3% of the higher of two values: the acquisition cost or the cadastral value, always excluding the land value. In cases of financial leasing, the entity must continue to depreciate the asset based on the value prior to the transfer. For the usufructuary, the acquisition value must be reduced by the depreciation amounts that were tax-deductible.
There is no coherent doctrinal evolution in the sequence, as the rulings address entirely different depreciation concepts (movable capital, housing, vehicles, real estate, and financial leasing). The DGT's position is fragmentary and depends on the nature of the asset and the regulations applicable to each case.
Analysis based on 18 of 20 rulings with a stated position. Updated 28 July 2026.