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V0761-16 25 February 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión en vivienda habitual

Deduction for investment in main residence cannot be applied to the acquisition of an undivided share made in 2015

A taxpayer inquired whether the transitional regime for the main residence investment deduction could be applied to the 2015 acquisition of an undivided share of a property they already owned and for which they were already claiming the deduction. The Directorate General of Taxes (DGT) ruled that this is not possible because the acquisition took place after 31 December 2012.

The question raised

Question posed: Whether the transitional regime for the deduction for investment in the primary residence is applicable to you, allowing the deduction to be practiced based on the amounts paid related to the undivided share of property acquired in 2015, specifically those linked to the mortgage loan encumbering said acquisition.

The DGT's ruling

The transitional regime allows the deduction to be applied to those who acquired their primary residence before January 1, 2013. To access this regime, it is necessary to have applied the deduction for the amounts paid for the acquisition in a period prior to that date. Since the acquisition of the undivided share was carried out in 2015, it does not meet the temporal requirement to apply the deduction.

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

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