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V2616-17 13 October 2017 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cláusula suelo

Refunds of floor clauses are not subject to Income Tax but require regularising previous deductions

A taxpayer has enquired about the tax treatment of amounts received due to the refund of floor clauses and interest. The DGT has ruled that these amounts are not included in the taxable base; however, if tax deductions for the main residence were claimed using those funds, the tax liability must be regularised.

The question raised

Question posed: Taxation under IRPF.

The DGT's ruling

The refund of excess amounts paid due to floor clauses and their compensatory interest is not included in the IRPF taxable base. If the refunded amounts formed part of the base for deductions for investment in the primary residence or regional deductions in non-prescribed fiscal years, the unduly deducted amounts must be added to the state and regional net tax liability of the fiscal year in which the agreement was reached. No regularization shall occur if the amount is directly applied to reduce the principal of the loan.

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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