Skip to content
Back to index
V2102-17 7 August 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

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

A query was made regarding the tax treatment of amounts received through refunds for floor clauses via agreements or court rulings. The DGT has ruled that these amounts, along with their associated interest, should not be included in the tax base for Personal Income Tax (IRPF).

The question raised

Tax treatment in the personal income tax (IRPF) of the amount received.

The DGT's ruling

The refund of amounts paid due to the application of interest rate limitation clauses, together with their compensatory interest, shall not be included in the personal income tax (IRPF) taxable base. If such amounts were previously deducted as an investment in a primary residence or as a deductible expense, the corresponding adjustments must be made in the non-prescribed tax years. This adjustment shall not apply if the refund is used directly to reduce the principal of the loan.

Book your free first meeting