Back to index
V0082-18 18 January 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

Floor clause refunds are not included in the tax base, but homeowner tax relief must be regularised

The taxpayer asks how to fiscally regularise the refund of amounts from floor clauses that were previously used to claim tax relief for investment in a main residence. The DGT rules that the refund is not taxable, but the tax relief applied in non-prescribed tax years must be repaid.

The question raised

Having applied the deduction for investment in the primary residence regarding the refunded amount at the time, the taxpayer inquires about the regularization of the situation.

The DGT's ruling

The refund of amounts due to floor clauses and compensatory interest is not included in the personal income tax (IRPF) taxable base. If such amounts were part of the base for the deduction for primary residence or regional tax deductions, the right to the deduction is lost and the amount must be added to the state and regional net tax liability for the fiscal year in which the agreement was reached. This regularization only affects non-prescribed fiscal years and does not apply if the money is used directly to reduce the principal of the loan.

Book your free first meeting