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V1796-18 21 June 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

Deduction for main residence must be regularised upon receipt of floor clause refunds

A taxpayer inquired about how to regularise their tax situation after receiving refunds for floor clauses that had previously qualified for the main residence investment deduction. The Directorate General for Taxes (DGT) ruled that while the refund itself is not included in the taxable base, the previously applied deduction must be repaid.

The question raised

Given that the deduction for investment in the primary residence was applied at the time to the amount subsequently refunded, an inquiry is made regarding 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 IRPF taxable base. If such amounts formed part of the base for the deduction for primary residence or regional deductions in non-prescribed tax years, 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 entered into, without late payment interest.

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