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V2100-17 ·4 August 2017 ·consulta-vinculante Medium impact
Tax

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

A taxpayer asks how to regularise their tax situation after receiving refunds for overpayments due to floor clauses and interest. The Tax Agency responds that these amounts are not subject to tax in the taxable base, but requires the regularisation of any primary residence tax deductions that were incorrectly applied.

In 6 key points

How it affects those involved

Taxpayers receiving floor clause refunds must ensure they do not include these amounts in their taxable income, but they must also correct any previous tax deductions claimed for mortgage interest on their main residence.

Lifecycle

2017-08-04PublishedPublished 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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