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V1416-20 14 May 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión en vivienda habitual

Deduction for investment in main residence cannot be applied if the individual is not the property owner

A spouse inquired whether they could claim a 50% deduction for the depreciation of a mortgage loan on a property built on land owned privately by their spouse. The Directorate General for Tax (DGT) ruled that, as the land is private property, the building belongs to the landowner; therefore, the other spouse is not entitled to the deduction as they do not hold full ownership.

The question raised

Question posed: Whether spouse A has the right to claim the deduction for investment in the primary residence, based on 50% of the amounts allocated to amortizing said loan.

The DGT's ruling

To claim the deduction for investment in the primary residence, it is necessary to be the owner of full title, at least in part, of the dwelling. Under the community property regime, buildings constructed on private land belong to the owner of said land pursuant to Article 1,359 of the Civil Code. Therefore, the spouse who is not the owner of the property cannot apply the deduction, regardless of their rights to reimbursement.

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What is published here, applied to a company or a specific case. The first meeting is free.

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