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V2220-20 30 June 2020 · 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 cannot be applied if not previously claimed before 2013

A taxpayer who purchased their home in 2010 and deducted the interest as an economic activity expense asks whether they can apply the main residence deduction from 2015 onwards. The DGT rules that they cannot, as they failed to meet the requirement of having applied said deduction in periods prior to 2013.

The question raised

Question posed: Possibility of commencing the application of the deduction for investment in the primary residence as of 2015, having acquired the residence in 2010 and having declared since 2010 the interest linked to the financing for its acquisition in the corresponding Personal Income Tax (IRPF) returns, albeit under a different concept, specifically as a deductible expense of the business activity, until the fiscal year in which the business was terminated.

The DGT's ruling

To access the transitional regime for the deduction for investment in the primary residence, it is necessary to have applied said deduction in relation to the amounts paid for the acquisition in a period prior to January 1, 2013. The fact of having deducted the interest as an expense of the economic activity does not allow access to this regime. Since the deduction for the primary residence was not applied before 2013, its subsequent application is not admissible.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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