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A query was raised regarding whether an individual acquiring the usufruct of their main residence can claim the tax deduction for investment in a main residence. The Directorate General for Taxes (DGT) ruled that this is not possible, as the taxpayer must hold full ownership.
Cuestión planteada Derecho a practicar la deducción por inversión en vivienda habitual por ser titularidad del usufructo.
Para aplicar la deducción por inversión en vivienda habitual, el contribuyente debe ser propietario del pleno dominio de la vivienda, ya sea de forma individual o compartida. El titular de un derecho de usufructo no puede practicar dicha deducción. Asimismo, el derecho no se recuperará al adquirir la nuda propiedad en el futuro si el pleno dominio no se obtuvo antes de 2013.
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