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V2099-17 4 August 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

Refund of floor clauses is not taxable, but requires regularising home investment deductions

A taxpayer inquired about how to regularise their situation after receiving refunds for floor clauses that had previously been used to claim home investment deductions. The DGT ruled that while the refund does not form part of the taxable base, amounts unduly deducted in non-prescribed tax years must be added to the net tax liability.

The question raised

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

The DGT's ruling

The refund of amounts due to floor clauses and their compensatory interest is not included in the personal income tax (IRPF) taxable base. If such amounts formed part of the base for the deduction for investment in the primary residence or regional deductions in non-prescribed tax years, the right to the deduction is lost. The taxpayer must add to the state and regional net tax liability for the tax year of the agreement the amounts unduly deducted, excluding late payment interest. This regularization does not apply if the refund is used directly to reduce the principal of the loan.

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