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Form 100. Personal Income Tax Return 2022

10.1.2. For investment in habitual housing that is considered protected and for young people

Amount

5% for the amounts paid in the tax period for the acquisition or rehabilitation of the property that constitutes or will constitute the taxpayer's habitual residence, provided that any of the following conditions are met on the date of the tax accrual:

  • That the property is classified as protected, in accordance with the regulations of the Autonomous Community of Andalusia.

  • That the purchaser is under 35 years of age. In the case of joint taxation, the age requirement must be met by at least one of the spouses or, where applicable, the father or mother in the case of single-parent families.

    In cases of legal separation or when there is no marital bond, a single-parent family will be considered to be one formed by the mother or father and the children who live with one or the other and who meet any of the following requirements:

    1. Minor children, except those who, with the consent of their parents, live independently of them.

    2. Adult children with disabilities who, by court order, are assisted by a guardian.

      Children of legal age who, as of January 1, 2022, have been declared judicially incapacitated, subject to extended or rehabilitated parental authority, will also be part of the single-parent family.

Requirements and other conditions

  • The sum of the general and savings tax bases cannot exceed 25,000 euros in individual taxation or 30,000 euros in joint taxation.

  • The base and maximum limit of the deduction will be 9,040 euros and will consist of the amounts paid for the acquisition or rehabilitation of the home, including the expenses incurred by the purchaser and, in the case of external financing, the amortization, the interest, the cost of the instruments to cover the variable interest rate risk of mortgage loans and other expenses derived from it. In the event of application of the aforementioned hedging instruments, the interest paid by the taxpayer will be reduced by the amounts obtained from the application of the aforementioned instrument.

  • In the event of annulment of marriage, divorce or legal separation, the taxpayer may continue to apply this deduction for the amounts paid in the tax period for the acquisition of what was his or her habitual residence during the marriage, provided that this condition continues to apply to the common children and the parent in whose company they remain.

  • When a primary residence is acquired after having benefited from the deduction for the acquisition of other previous primary residences, no deduction may be made for the acquisition or rehabilitation of the new residence as long as the amounts invested in it do not exceed those invested in the previous residences, to the extent that they were subject to deduction.

    When the sale of a primary residence has generated an exempt capital gain through reinvestment, the deduction base for the acquisition or renovation of the new residence will be reduced by the amount of the capital gain to which the exemption for reinvestment is applied. In this case, no deduction may be made for the acquisition of the new one as long as the amounts invested in it do not exceed both the price of the previous one, to the extent that it has been subject to deduction, and the exempt capital gain from reinvestment.

Rehabilitation concept

Rehabilitation of habitual housing will be considered to be any work carried out therein that meets any of the following requirements: 

  • That these are subsidized actions in the field of housing rehabilitation under the terms provided for in Royal Decree 106/2018, of March 9, which regulates the State Housing Plan 2018-2021, or the plan that replaces it.

  • Those whose main objective is the reconstruction of the dwelling by consolidating and treating the structures, facades or roofs and other similar works, provided that the overall cost of the rehabilitation operations exceeds 25% of the purchase price, if this had been carried out during the two years immediately prior to the start of the rehabilitation works or, otherwise, the market value of the dwelling at the time of said start. For these purposes, the proportional part corresponding to the land will be deducted from the purchase price or market value of the home.

Completion

You must record the amount paid with the right to deduction.

If the property is classified as protected, check the box provided for this purpose.

If both spouses own the property, check the corresponding box. The box will be open in the case of married couples unless they have opted for individual data capture.