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V1616-18 11 June 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

Refund of floor clauses is not taxable, but requires regularising the principal residence deduction

The inquirer asks how to regularise their tax situation after receiving refunds due to the application of floor clauses in their mortgage. The DGT responds that these amounts do not form part of the taxable base; however, if the principal residence deduction was applied, any unduly deducted amounts must be repaid.

The question raised

Having applied the deduction for the acquisition of a primary residence, the question concerns the regularization of the situation.

The DGT's ruling

The amounts received due to the refund of floor clauses and their compensatory interest are not included in the personal income tax (IRPF) taxable base. If such amounts formed part of the base for the deduction for investment in the primary residence or regional deductions in non-prescribed tax years, the right to the deduction is lost. The taxpayer must add to the state and regional net tax liability for the tax year of the agreement the amounts unduly deducted, excluding late payment interest. This obligation does not apply if the refund is directly applied to reduce the principal of the loan.

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