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A taxpayer asks whether, upon contributing a separate property to the community property regime after marriage, their spouse can begin claiming the main residence investment tax relief and to what extent the original owner can continue to do so. The DGT rules that the spouse acquiring the property after the tax relief has been abolished is not entitled to it, and that the original owner may only continue to apply it to the portion of which they retain ownership.
This ruling clarifies the limitations on tax relief for main residence investments when private assets are integrated into a community property regime, particularly regarding the eligibility of spouses and the proportional application of relief.
The tax team reviews your specific situation.
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