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V0828-23 10 April 2023 · 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 is permitted until it ceases to be a primary residence

The taxpayer asks whether they can deduct amounts paid for their main residence in 2022 before ceasing to reside there due to work commitments. The DGT rules that payments made while the property maintains its status as a main residence are deductible, but subsequent payments are not.

The question raised

Question raised 1. Whether a deduction can be claimed for the amounts paid in 2022 before ceasing to reside in the dwelling that had been constituting their habitual residence.

The DGT's ruling

Under the transitional regime of the LIRPF, it is possible to deduct the amounts paid for the acquisition or rehabilitation of the dwelling as long as it constitutes the taxpayer's habitual residence. In cases of external financing, the deduction is applied as the principal is repaid and interest is paid. Once the dwelling loses its status as a habitual residence, amounts paid subsequently are not deductible. Likewise, for the reinvestment exemption, the transferred dwelling must have been habitual up to any day within the two years prior to the transfer.

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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