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V0675-18 14 March 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión en vivienda habitual

Requirements to claim home purchase deduction under transitional regime

A taxpayer who returned from foreign employment asks whether they can claim the home purchase deduction after ending their special regime. The DGT states that the deduction cannot be claimed as the property was acquired in 2011 and did not meet the transitional regime requirements.

The question raised

Question posed: Once the duration of the special regime chosen has ended, to determine whether the taxpayer may apply, in their Personal Income Tax returns, the deduction for investment in the primary residence under the existing transitional regime for this deduction.

The DGT's ruling

To access the transitional regime for the deduction for investment in the primary residence, it is necessary to have acquired the residence before January 1, 2013, and to have applied the deduction for the amounts paid in a tax period prior to that date. In this case, having acquired the residence in 2011 and not having previously applied the deduction, the requirements to continue applying it in periods subsequent to the special regime are not met.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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