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V1355-14 21 May 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · vivienda habitual

Deduction for investment in main residence may apply to undivided shares acquired through subrogation

A taxpayer inquired whether they could claim the deduction for investment in their main residence by paying mortgage instalments through the subrogation of the sellers. The Directorate General for Taxes (DGT) ruled that this is possible provided the ownership of the undivided share is acquired and the requirements of the transitional regime are met.

The question raised

Question posed: Possibility for the taxpayer to apply the deduction for investment in a primary residence based on the totality of the payments made, pursuant to the subrogation agreements reached with the original borrowers, related to the mortgage loan encumbering their residence, insofar as they cover the acquisition cost of their undivided half-share of ownership and, in turn, cover 50% of each amount to be paid to the credit institution for said loan.

The DGT's ruling

The tax benefit for investment in a primary residence is linked to the ownership, even if shared, of full title to the property. Upon acquiring an undivided share, the deduction may be applied for the amounts paid for the acquisition of said share. In cases of subrogation of mortgage loan obligations, the deduction is applicable as the amounts related to the deferred portion of the property price are satisfied. To access the transitional regime following the abolition of the deduction, it is necessary to have acquired the property before 2013 and to have applied the deduction in a previous period.

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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