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V2135-17 17 August 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

Floor clause refunds and associated interest are not included in the IRPF taxable base

The applicant inquired about the tax treatment of amounts received due to the annulment of floor clauses and their related interest. The DGT ruled that these amounts should not be included in the tax base for Personal Income Tax (IRPF).

The question raised

Taxation in the IRPF.

The DGT's ruling

The refund of amounts due to floor clauses, whether by agreement or court ruling, together with their compensatory interest, is not included in the IRPF taxable base. If the refunded amounts were used for 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 financial institution applies the amounts directly to reduce the principal of the loan.

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