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Form 100. Personal Income Tax Declaration 2021

10.3.21. For investment in habitual residence that is considered protected

Amount

  1. Taxpayers who, during the tax period, acquire or rehabilitate a habitual residence that is considered protected, in accordance with state or regional regulations on the matter, will have the right to apply a deduction of up to 5,000 euros.

  2. In the event that the expense that gives rise to the right to deduction does not exceed 5,000 euros, the maximum limit of the deduction will be set at the amount of the aforementioned effective expense. The total amount of this deduction may not exceed in any case the maximum set in the previous section.

Requirements and conditions

  • In the case of acquisition, the deduction will be applied in the tax period in which the deed is signed or when a private purchase and sale contract is signed.

    In the case of rehabilitation, the deduction will be applied in the year in which the expenses are incurred. If the rehabilitation is carried out during more than one tax period, the deduction will be applied in each of the periods in which the expense is incurred, always with the limit of 5,000 euros or the expense incurred.

  • The amounts paid for the construction of the home can be taken into account to determine the maximum amount of the deduction.

  • If the taxpayer lacks sufficient full autonomous tax to apply the total deduction in the tax period in which the acquisition or rehabilitation is carried out, the amount not deducted may be applied in the three following tax periods until exhausting, if applicable, the total amount of the deduction respecting the limit indicated above.

    When in the same tax period there is a deduction for investment in housing generated in the year itself and amounts pending from previous years for investment in another home, the amounts pending from previous years will be applied first.

  • When two or more taxpayers are entitled to apply this deduction with respect to the same assets for the same tax period, the maximum amount of the deduction will be prorated between them in equal parts.

Completion

It will record the amount paid with the right to deduction and the number of people who have the right to apply it.