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V1571-17 19 June 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión en vivienda habitual

Only the portion of the loan linked to the home purchase made before 2013 is eligible for tax deduction

A taxpayer is inquiring whether they can continue to claim a tax deduction for investment in their primary residence after acquiring their former spouse's undivided share through a new loan. The Directorate General for Taxes (DGT) rules that the new acquisition does not entitle the taxpayer to a deduction; however, the deduction may be maintained for the portion of the capital that financed the original acquisition prior to 2013.

The question raised

Question posed: Whether the taxpayer may continue to claim the deduction for investment in the primary residence based on the amounts satisfied through the amortization of the new loan, solely in the portion corresponding to half of the principal pending amortization of the original loan at the time of its cancellation, which half covered the acquisition of the undivided share of which they were already the owner.

The DGT's ruling

The acquisition of a new undivided share of the dwelling carried out after 31 December 2012 does not allow access to the transitional regime for the deduction for investment in the primary residence. Notwithstanding, the taxpayer may continue to apply the deduction for the amounts paid corresponding to the portion of the capital pending amortization of the original loan that financed the acquisition prior to 2013. To this end, the deduction for said acquisition must have been claimed in a period prior to 2013 and the condition of primary residence must be maintained.

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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