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V0604-20 30 March 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión en vivienda habitual

Deduction unavailable for housing portion acquired after 2012 or for loan principal increases

A taxpayer already claiming the main residence tax deduction acquires the remaining share of their home following the dissolution of a co-ownership. The Directorate General for Taxes (DGT) rules on whether the amounts paid for the new share and the loan novation to increase the credit are deductible.

The question raised

Whether, regarding the undivided share acquired upon the termination of the co-ownership after 2012, the taxpayer also has the right to apply the deduction for investment in the primary residence, being able to begin deducting based on the totality of the amounts paid linked to the loan financing its acquisition. Situation in the case of increasing the loan.

The DGT's ruling

The acquisition of a new undivided share after 2012 does not allow for the application of the transitional deduction regime. The taxpayer may only continue to deduct the proportional part (66%) of the installments of the new loan that is used to amortize the capital of the original loan attributable to the share acquired before 2013. The portion of the loan corresponding to the increase in principal and the portion linked to the acquisition of the new undivided share is not deductible.

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