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A taxpayer inquired whether they could claim a tax deduction for acquiring the share of a property previously owned by their former partner following a separation. The Directorate General for Tax (DGT) ruled that, as the acquisition of that undivided share took place after 2012, the transitional regime for the deduction cannot be applied.
Cuestión planteada Si podría practicar deducción por la adquisición de ese 55 por ciento de la vivienda.
El régimen transitorio de la deducción por inversión en vivienda habitual solo permite aplicarla a quienes adquirieron la vivienda antes del 1 de enero de 2013 y ya practicaron la deducción por esas cantidades. La adquisición de una nueva parte indivisa de la vivienda con posterioridad a dicha fecha no permite acceder al régimen transitorio. Por tanto, no hay derecho a la deducción por las cantidades satisfechas para adquirir la cuota restante.
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