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V1449-19 18 June 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

Floor clause refunds are not included in the tax base and home residence deductions must be regularised

The taxpayer asks how to regularise their situation after receiving refunds for floor clauses applied to their mortgage. The Tax Agency responds that the refund is not subject to tax in the tax base, but it does require the repayment of home residence deductions that were improperly applied in non-prescribed tax years.

The question raised

Having applied the deduction for investment in the primary residence to the refunded amount at the time, the question concerns the regularization of the situation.

The DGT's ruling

The refund of amounts due to floor clauses and compensatory interest is not included in the personal income tax (IRPF) taxable base. If the refunded amounts were part of the base for the deduction for investment in the primary residence or regional deductions, the amounts unduly deducted from non-prescribed tax years must be added to the state and regional net tax liability for 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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