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Form 100. Personal Income Tax Return 2022

10.5.25. Uprooted by the volcanic eruption on the island of La Palma

Amount

Taxpayers who have lost a property due to being destroyed, uninhabitable or inaccessible as a result of the volcanic eruption that began on September 19, 2021 on the island of La Palma, may deduct the following amounts for each of these assets:

  • 2,000 euros for the home in which they resided and properties used for business or professional activities, including agricultural, livestock, forestry or fishing activities.

  • 1,000 euros for the remaining real estate.

Requirements and conditions

  • The deduction can only be applied when the loss of the property is total, either because it disappears due to destruction, or because it is permanently uninhabitable or inaccessible.

  • The taxpayer must prove the existence and ownership of the aforementioned assets, as owner, usufructuary or bare owner by any means of proof admitted by law.

  • The deduction only applies to homes, not to garages, storage rooms or other annexes.

    If the property has a single cadastral reference (which includes the home, the garage, etc.), the existence of the home must be proven by any means of proof admissible by law.

  • For a property to be considered used for business or professional activities, the activity must be carried out by the owner of the property or by his or her spouse.

    If the activity is carried out through an entity in which income is allocated, the affected property will only be considered when the owner of the property or his/her spouse carries out the activity through it.

  • When there are several owners, the amount of the deduction will be prorated among them in proportion to their percentage of ownership.

  • If the same property has different uses, only the amount of the deduction corresponding to one of them can be applied.

    Therefore, more than one deduction cannot be applied simultaneously to the same property, and you may choose to apply the higher amount corresponding to the different uses of the property.

Limit

The deduction will be limited to 50% of the total regional quota.

Completion

For each destroyed, uninhabitable or inaccessible property, you will indicate whether it was your habitual residence and/or a property used for economic activities; In addition, it will reflect the key that corresponds to the right held over the property and the percentage that corresponds to it.

If you are the owner and usufructuary and/or bare owner of the same property, you will separately record, by registering the same property, the percentage you hold over each of these rights.

If you have more than one property for which the deduction can be applied, you will have to register it by clicking on "Register". You must then enter the data relating to it.