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V2095-17 4 August 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

Refunds for floor clauses are not included in the IRPF taxable base

A taxpayer inquired about the tax treatment of amounts refunded due to the application of the floor clause in their mortgage. The DGT ruled that these amounts and their associated interest should not be included in the tax base for Personal Income Tax (IRPF).

The question raised

Tax treatment in the IRPF of the amount received.

The DGT's ruling

The refund of amounts due to floor clauses, whether by agreement or court ruling, is not included in the IRPF taxable base, including any compensatory interest. If such amounts were used for primary residence or regional tax deductions in non-prescribed tax years, the unduly deducted amounts must be added to the state and regional net tax liability of the tax year in which the agreement was reached. No adjustment shall be required if the amounts are used directly to reduce the principal of the loan.

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