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V1777-18 19 June 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

Floor clause refunds are not included in the tax base, but deductions for principal residence must be regularised

The taxpayer asks how to regularise their situation after receiving refunds for floor clauses that had previously been subject to tax deductions for investment in their principal residence. The DGT rules that the refund itself is not included in the tax base, but it does require the repayment of deductions applied during non-prescribed tax years.

The question raised

Having applied the deduction for investment in the primary residence to the refunded amount at the time, the question concerns the regularization of the situation.

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 were used for the deduction for investment in the primary residence or regional deductions, the right to the deduction is lost. The taxpayer must add the unduly deducted amounts to the state and regional net tax liability for the tax year in which the agreement was concluded, provided they have not expired. There is no obligation to regularize if the amounts are used directly to reduce the principal of the loan.

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