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A taxpayer inquired whether she could continue to claim the deduction for investment in her main residence after donating her property to her husband in 2022. The Directorate General for Taxes (DGT) ruled that the loss of ownership of the property prevents the continued application of said deduction.
Cuestión planteada Saber si tiene derecho a aplicar la deducción por inversión en vivienda habitual a partir de la donación de la vivienda.
El derecho a la deducción por inversión en vivienda habitual está ligado a la titularidad del pleno dominio del inmueble, ya sea total o parte indivisa. Al dejar de ser propietaria de la vivienda por donación, la contribuyente pierde el derecho a la deducción desde ese momento, aunque siga residiendo en ella o continúe pagando la hipoteca.
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