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V2101-17 ·4 August 2017 ·consulta-vinculante Medium impact
Tax

Refunds of floor clauses and compensatory interest are not included in the tax base

The taxpayer asks how to regularise their situation after receiving refunds for amounts overpaid due to the application of floor clauses. The DGT rules that these amounts and their associated interest are not included in the tax base; however, the deduction for the primary residence must be regularised if it was previously applied to those amounts.

In 6 key points

How it affects those involved

Taxpayers receiving refunds for floor clauses do not need to include the principal or interest in their taxable income, but must adjust any previous tax relief claimed on those funds.

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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