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V0117-22 24 January 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

Floor clause refunds and compensatory interest are not included in the tax base

The taxpayer asks how to regularise Personal Income Tax (IRPF) following the refund of amounts due to the nullity of the floor clause in their mortgage. The Tax Agency responds that the refund is not taxable, but any deductions for the main residence applied incorrectly must be repaid.

The question raised

Regularization of the situation in the personal income tax (IRPF).

The DGT's ruling

The refund of amounts due to floor clauses and their interest is not included in the personal income tax (IRPF) taxable base. If such amounts were part of the base for the deduction for investment in the primary residence or regional deductions in non-prescribed tax years, the unduly deducted amounts must be added to the state and regional net tax liability for the tax year in which the judgment was issued. This addition does not apply if the financial institution applies the amount directly to reduce the principal of the loan.

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