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V1783-24 17 July 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión en vivienda habitual

Deduction for main residence may be maintained after liquidation of community property subject to certain limits

A taxpayer has enquired whether they can deduct the full amount of a new loan taken out to purchase their ex-spouse's share of their main residence. The Directorate General for Taxes (DGT) has ruled that while amounts linked to the original loan may be deductible, this is subject to specific limits and conditions.

The question raised

Question posed: Whether the taxpayer may continue to claim the deduction for investment in the habitual residence based on the totality of the amounts paid for the amortization of this new loan, which finances the purchase of the 50 percent portion that belonged to their former spouse.

The DGT's ruling

For the portion acquired before 2013, the transitional regime applies if the requirements were met and the dwelling is the habitual residence. For the portion acquired after 2012 through the dissolution of co-ownership, the deduction is limited to the amount that the former owner would have been able to deduct had the dissolution not occurred. Only amounts linked to the original mortgage loan may be deducted, provided that the individual assumes the totality of the payments and the former spouse's right has not been exhausted. There is no right to a deduction for other amounts paid for the purchase of the undivided interest.

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