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V1215-18 10 May 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

Refund of floor clauses is not taxable, but requires regularising previous deductions

A taxpayer has enquired about the tax treatment of refunds received due to floor clauses in their mortgage. The DGT has ruled that the principal amount and its associated interest do not form part of the taxable base; however, any deduction for the main residence applied incorrectly in non-prescribed tax years must be repaid.

The question raised

Tax treatment in the IRPF of the amount received.

The DGT's ruling

The refund of amounts due to floor clauses and their interest is not included in the IRPF taxable base. If such amounts were used for the deduction for primary residence or regional deductions in non-prescribed tax years, the unduly deducted amounts, without late payment interest, must be added to the state and regional net tax liability of the tax year in which the agreement was reached. This adjustment does not apply if the money is used directly to reduce the principal of the loan.

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