How the DGT's position has evolved
Current position
The refund of amounts due to floor clauses and compensatory interest is not included in the Personal Income Tax (IRPF) taxable base. If the amounts were used for deductions for the primary residence or regional deductions in non-prescribed tax years, the unduly deducted amount must be added to the state and regional net tax liability. This regularization is not applicable if the financial institution applies the amounts directly to reduce the principal of the loan.
The DGT's position remains constant throughout the sequence. The criterion establishes that the refund is not income, but requires the regularization of primary residence deductions if the money is received in a bank account. The only exception is the direct amortization of the principal.
Turning points
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Specifies that the regularization of deductions is not applicable in tax years where the state and regional gross tax liability is zero, as the deduction was not effectively applied.
Analysis based on 50 of 51 rulings with a stated position. Updated 19 September 2026.