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V2098-14 1 August 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión en vivienda habitual

Deduction for investment in main residence may apply if investment exceeds previous deduction base

A taxpayer has enquired as to when they may begin claiming a deduction for investment in a new main residence after having previously benefited from a deduction for a former one. The Directorate General for Taxes (DGT) has ruled that this may be done once the cumulative investment in the new residence exceeds the cumulative deduction base of the previous residence.

The question raised

A. The point in time from which, due to the new residence acquired in 2011, the practice of the deduction for investment in a primary residence may begin, the possibility of doing so in the 2012 tax year, and the amount of the sum paid.

The DGT's ruling

To apply the deduction for the acquisition of a new primary residence having already benefited from the deduction for previous ones, the amount invested in the new one must exceed the amounts invested in the previous ones that were subject to the deduction. In this case, as the investment in the new residence has already exceeded the accumulated deduction base of the previous one, the deduction may be applied to the total amounts paid in the 2012 tax year. Likewise, the taxpayer may access the transitional regime following the abolition of the deduction in 2013, having applied the deduction in a previous period.

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