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V0408-19 ·27 February 2019 ·consulta-vinculante Medium impact
Tax

Floor clause refunds and compensatory interest are not included in the tax base

The taxpayer asks how to regularise their situation following a ruling declaring floor clauses null and void. The DGT responds that the amounts refunded are not taxable; however, if a deduction for the main residence was applied, the unduly deducted amount must be repaid.

In 6 key points

How it affects those involved

Taxpayers receiving refunds due to the nullity of floor clauses do not need to include these amounts in their taxable income, but they must correct any previous tax benefits claimed through deductions for their main residence.

Lifecycle

2019-02-27PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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