Skip to content
Back to index
V0331-18 8 February 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por vivienda habitual

Deduction for main residence only applicable once investment exceeds previous residence amounts

The taxpayer asks whether they can apply the deduction for their new home proportionally from the start, or if they must wait until the investment exceeds that of previous homes. The DGT rules that the deduction can only commence once the total investment in the new home exceeds the sum of previous deductions and capital gains exempt through reinvestment.

The question raised

Whether, to begin applying the deduction for the acquisition of their new residence, it is necessarily required to wait until the amount invested in it exceeds 225,786 euros, the amount benefited from in previous instances, or whether, given that the total investment in the new one will exceed said amount, the deduction may be applied as a certain percentage of the amortization from the first moment the loan used to partially finance the acquisition begins to be amortized.

The DGT's ruling

To apply the deduction for the acquisition of a new primary residence, having benefited from deductions or exemptions for previous residences, the investment in the new one must exceed the sum of the amounts invested in the previous ones (subject to deduction) and the capital gains exempt due to reinvestment. A proportionality criterion is not admissible; the deduction only commences when said amounts are exceeded.

Book your free first meeting