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V1215-18 ·10 May 2018 ·consulta-vinculante Medium impact
Tax

Refund of floor clauses is not taxable, but requires regularising previous deductions

A taxpayer has enquired about the tax treatment of refunds received due to floor clauses in their mortgage. The DGT has ruled that the principal amount and its associated interest do not form part of the taxable base; however, any deduction for the main residence applied incorrectly in non-prescribed tax years must be repaid.

In 6 key points

How it affects those involved

Taxpayers receiving refunds for floor clauses will not pay income tax on the amount received, but must ensure that any tax relief previously claimed for their main residence is corrected for the relevant years.

Lifecycle

2018-05-10PublishedPublished 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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