10.3.23. For investment in habitual residence that is considered protected
Amount
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Taxpayers who, during the tax period, acquire or renovate a habitual residence that is considered protected, in accordance with state or regional regulations on the matter, will be entitled to apply a deduction of up to 5,000 euros per year.
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In the event that the expense giving rise to the right to the deduction does not exceed 5,000 euros, the maximum limit of the deduction will be set at the amount of the actual expense in question. The total amount of this deduction may not in any case exceed the maximum set in the previous section.
Requirements and conditions
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The basis for the deduction is the amounts invested during the year in the acquisition or renovation of the home.
In the case of external financing, only the amounts amortized from the loan in each year form part of the deduction base.
The amounts paid for the construction of the home may be taken into account to determine the maximum amount of the deduction.
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The deduction will be applied in those years in which the taxpayer incurs the expense regardless of the date on which the legal acquisition of the home takes place or the rehabilitation work is completed.
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If the taxpayer does not have a sufficient regional tax rate to apply the full deduction in the tax period in which the expense is incurred, the amount not deducted may be applied in the following three tax periods until the full amount of the deduction is exhausted, if applicable, respecting the limit indicated above.
The application of the amounts pending from previous years will be carried out after applying the deductions for the year to which the taxpayer is entitled.
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When two or more taxpayers are entitled to apply this deduction for the same assets for the same tax period, the maximum amount of the deduction will be prorated among them in equal parts, with the tax benefit being applied only to the declaration of those who meet the conditions established to be beneficiaries of the same.
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Documentary evidence of expenses that generate the right to deduction must be provided by means of an invoice or any other legal or economic means permitted by law.
Incompatibility
This deduction is incompatible with the deduction "For the acquisition or rehabilitation of habitual housing in municipalities at risk of depopulation."
Completion
It will record the amount paid with the right to deduction and the number of people who have the right to apply it.