How the DGT's position has evolved
Current position
The deduction for investment in the primary residence under the transitional regime may be applied if the taxpayer did not claim it before 2013 due to not being required to file a tax return or due to having no integrated tax liability. It is not possible to offset amounts paid and not deducted in subsequent tax years due to insufficient integrated tax liability. The right is maintained in loan novations provided that the requirements of the transitional provision are met.
The DGT's position remains constant regarding the impossibility of offsetting excess deductions due to insufficient integrated tax liability. However, the doctrine has been nuanced to incorporate the TEAC criterion, allowing the use of the transitional regime for those who did not deduct before 2013 due to a lack of obligation to file a tax return or the absence of integrated tax liability.
Turning points
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Incorporates the TEAC criterion to allow the application of the transitional deduction if it was not claimed before 2013 due to not being required to file a tax return or due to having no integrated tax liability.
Analysis based on 36 of 38 rulings with a stated position. Updated 16 September 2026.