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V2545-20 27 July 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 initiated if not previously claimed before 2013

A taxpayer inquired whether they could begin applying the deduction for investment in their main residence after meeting the requirements in tax years following 2012, after the AEAT had withdrawn a previous deduction. The DGT ruled that it is not possible to access the transitional regime if the deduction was not applied in a period prior to 2013.

The question raised

Question raised: Possibility of beginning to apply the deduction once such requirements have been met.

The DGT's ruling

To apply the transitional regime of the eighteenth transitional provision of the LIRPF, it is necessary to have acquired the dwelling before 2013 and to have applied the deduction for investment in the primary residence in a tax period prior to that date. If the Tax Agency determined the impropriety of previous deductions and the taxpayer begins to meet the requirements after 2012, they cannot begin applying the deduction due to failure to meet the requirement of having applied it prior to 2013.

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

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