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V1748-14 4 July 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión en vivienda habitual

Requirement to regularise main residence tax deduction and exclusion from transitional regime following cooperative dissolution

A taxpayer who claimed the main residence investment deduction through contributions to a cooperative must regularise their tax position because the cooperative was dissolved without the property being built. The Tax Agency has ruled that the deductions must be repaid with interest and that the taxpayer cannot apply the deduction to their new investment, as they no longer meet the requirements of the transitional regime.

The question raised

A. Understanding that once the money is recovered, it will be reinvested in the acquisition of another dwelling in 2014, it is questioned whether the right to the deductions claimed has been lost, requiring the regularization of their tax situation, or if, on the contrary, they have the possibility of continuing to apply the deduction, by investing in another dwelling, based on the increase in investment over what has already been subject to deduction since 2008.

The DGT's ruling

Since the contributions are not used for the construction of the dwelling, the right to the deductions claimed is lost, and the total amount of the unduly deducted sums must be repaid plus late payment interest. The taxpayer cannot access the transitional regime for the deduction for investment in the primary residence for a new investment in 2014, as this requires having paid amounts for construction prior to January 1, 2013, and having applied the deduction in a period prior to that date.

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