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A usufructuary inquired whether they could claim the deduction for investment in their main residence. The Directorate General for Taxes (DGT) ruled that this is not possible as full ownership is required, and further noted that the daughter cannot claim it either, as ownership was acquired after 2013.
Cuestión planteada Si tiene derecho a practicar la deducción por inversión en vivienda habitual.
La deducción por inversión en vivienda habitual exige la titularidad del pleno dominio de la vivienda propia. El usufructuario no puede aplicar la deducción porque no ostenta el pleno dominio. Asimismo, el régimen transitorio no se aplica a quienes adquieran la titularidad con posterioridad al 1 de enero de 2013, como es el caso de la hija tras el fallecimiento del progenitor.
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