How the DGT's position has evolved
Current position
Repair and maintenance expenses are deductible if they are aimed exclusively at the future generation of income and not at the owner's enjoyment. During periods of expectation of rental, this situation must be proven, and expenses may be offset in the following four years without exceeding the total income. Annual expenses such as IBI (Property Tax) or insurance are only deductible in proportion to the number of days the property is effectively leased. In the rental of rooms, the deduction is limited to the proportional part of the rented property.
The DGT's position remains constant in requiring that expenses are not intended for the owner's enjoyment. The need to prove the expectation of rental has been specified, and the limitation of annual expenses to the proportion of days of effective leasing has been reinforced. Current doctrine integrates the proportionality of expenses when the object of the lease is only a part of the property.
Turning points
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Establishes that a property in expectation of rental requires proof of said situation for the deduction of expenses.
Analysis based on 60 of 61 rulings with a stated position. Updated 18 September 2026.