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A taxpayer inquired whether he and his spouse could apply the main residence investment deduction if the loan is only in his name. The Directorate General for Taxes (DGT) ruled that, as the property belongs to the community property regime, both parties may apply the deduction for their respective halves.
This ruling clarifies that the ownership of the property under the community property regime allows both spouses to claim their share of the tax deduction, regardless of whose name appears on the mortgage.
The tax team reviews your specific situation.
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