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V0866-20 15 April 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

Refunds due to floor clauses are not taxed in the IRPF taxable base

The tax treatment of amounts received due to the refund of interest derived from floor clauses is consulted. The DGT responds that these amounts and their compensatory interest are not included in the taxable base of the tax.

The question raised

Question posed: Refund of amounts corresponding to floor clause.

The DGT's ruling

The refund of amounts due to floor clauses, whether through agreements or court rulings, is not included in the IRPF taxable base. If the refunded amounts were used for deductions (primary residence or regional) in non-prescribed tax years, the unduly deducted amounts must be added to the state and regional net tax liability of the year of the agreement. There is no obligation to regularize if the amount is used directly to reduce the principal of the loan.

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