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A taxpayer asks whether they can claim the home investment deduction after acquiring a right of use and enjoyment via a land concession. The DGT responds that full ownership of the property is required.
Cuestión planteada Posibilidad de aplicar la deducción por adquisición de vivienda habitual.
Los beneficios fiscales vinculados a la residencia habitual exigen la titularidad del pleno dominio tanto del inmueble adquirido como del transmitido. Al ser la concesión demanial un título de uso y disfrute exclusivo y temporal sin titularidad del dominio, no se cumple el requisito necesario para la deducción.
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