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V1615-18 11 June 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

No requirement to regularise main residence tax relief if floor clause refunds did not effectively affect the deduction base

A taxpayer inquired whether they must regularise their Personal Income Tax (IRPF) for 2013 and 2014 following a floor clause refund. The Directorate General for Taxes (DGT) ruled that regularisation is not required if the refunded amounts did not effectively form part of the deduction base.

The question raised

Having included the refunded amounts in their personal income tax returns for the years 2013 to 2016, although in the 2013 and 2014 returns the deduction was not effective, as the amount to be refunded would have been the same, the question is whether it is appropriate to regularize these last two tax years.

The DGT's ruling

The refund of amounts due to floor clauses and their interest is not included in the personal income tax (IRPF) taxable base. If such amounts formed part of the base for the primary residence deduction, the amount unduly deducted in non-prescribed tax years must be added to the state and regional net tax liability. However, regularization is only applicable if the amounts would have effectively formed part of the deduction base. If the deduction was not effective and the tax liability was zero, regularization is not applicable.

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