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V0055-22 14 January 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión en vivienda habitual

The deduction for investment in primary residence cannot be applied to the portion of the property acquired after 2012

The taxpayer asks whether they can deduct 100% of the mortgage payments for a residence that is now held in joint ownership with their children following the death of their partner. The DGT responds that the portion corresponding to the children's ownership cannot be deducted because they acquired their share in 2019.

The question raised

Question posed Considering the resolution of TEAC 990/2012, of May 8, 2015, and the comparability of the status of a domestic partnership to that of marriage, whether it is feasible for the taxpayer to claim the deduction for investment in the residence based on 100 percent of the amounts paid linked to the amortization of the aforementioned mortgage loan, half of which corresponds to their children in their capacity as owners.

The DGT's ruling

The deduction for investment in the primary residence was abolished in 2013, allowing only a transitional regime for those who acquired the residence before that date and were already claiming the deduction. The children, by accessing ownership of their mother's undivided share in 2019, do not meet the requirements of the transitional regime. The taxpayer may only continue to deduct the amounts linked to their undivided share acquired before 2013, provided they comply with the requirements of the current regulations.

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