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V1311-19 6 June 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

No requirement to adjust main residence tax deduction if refunded amounts were not part of the deduction base

A taxpayer inquired whether they must adjust their 2015 and 2016 tax returns following the refund of interest related to floor clauses. The DGT ruled that the deduction does not need to be adjusted if the amounts did not effectively form part of the deduction base due to a zero tax liability; however, refunded legal costs are considered a capital gain.

The question raised

Whether it is appropriate to regularize the 2015 and 2016 tax years for the amounts refunded.

The DGT's ruling

The refund of interest due to floor clauses is not included in the taxable base. The adjustment of the deduction for investment in the primary residence is not applicable if the refunded amounts did not effectively form part of said base (as occurs when the total tax liability is zero). On the other hand, the amount received due to a court order for legal costs constitutes a capital gain that must be included in the general taxable base in the tax year of the change in assets.

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