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V1234-20 4 May 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

Tax regularisation required for main residence deduction following floor clause refunds

A taxpayer has enquired about the tax implications of receiving refunds for overpayments caused by a floor clause. The Directorate General for Taxes (DGT) has ruled that if these amounts were previously claimed as a deduction for investment in a main residence, the unduly applied deduction must be regularised and repaid.

The question raised

Given that the deduction for investment in primary residence was applied at the time to the amount being refunded, an inquiry is made regarding the regularization of the situation.

The DGT's ruling

The refund of amounts due to floor clauses and their interest is not included in the tax base. If the refunded amounts were used for the deduction for primary residence in non-prescribed tax years, the right to said deduction is lost. The taxpayer must add the unduly deducted amounts to the state and regional net tax liability for the tax year in which the refund occurs, without late payment interest. The regularization is applied individually to each holder according to their own deduction.

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