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

Amount

The 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 in the tax accrual date:

• That the home has the classification of 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, the single-parent family will be considered to be that 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, with the exception of those who, with the consent of their parents, live independently of them.

  2. Children of legal age with disabilities who, by judicial resolution, are assisted by a guardian.

     Children of legal age who, as of January 1, 2022, have been judicially declared 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 tax bases and savings cannot exceed 25,000 euros in individual taxation or 30,000 euros in joint taxation.

• The base and maximum limit of the deductions will be 9,040 euros and will consist of the amounts paid for the acquisition or rehabilitation of the home, including the expenses incurred that have been borne by the purchaser and, in the case of third-party financing, the amortization, interest, the cost of hedging instruments for the variable interest rate risk of mortgage loans and other expenses derived from the same. In the event of application of the aforementioned hedging instruments, the interest paid by the taxpayer will be reduced by the amounts obtained by the application of the aforementioned instrument.

• In cases of marital annulment, divorce or judicial separation, the taxpayer may continue to take this deduction for the amounts paid in the tax period for the acquisition of what was their habitual residence during the duration of the marriage, as long as it continues to have this condition. for common children and the parent in whose company they remain.

• When a habitual residence is acquired having enjoyed the deduction for the acquisition of other previous habitual residences, no deduction may be made for the acquisition or rehabilitation of the new one as long as the amounts invested in it do not exceed those invested in the previous ones, in the extent to which they would have been subject to deduction.

  When the disposal of a habitual residence would have generated a capital gain exempt from reinvestment, the deduction base for the acquisition or rehabilitation of the new home will be reduced by the amount of the capital gain to which the exemption from reinvestment applies. 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 capital gain exempt from reinvestment.

Rehabilitation concept

Rehabilitation of a habitual residence will be considered the works in it that meet any of the following requirements: 

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

• That have as their main objective the reconstruction of the home through the consolidation and treatment of the structures, facades or roofs and other similar ones, provided that the overall cost of the rehabilitation operations exceeds 25% of the acquisition price, if it had been carried out. this during the two years immediately prior to the start of the rehabilitation works or, in other cases, the market value of the home at the time of said start. For these purposes, the proportional part corresponding to the land will be deducted from the acquisition price or market value of the home.

Completion

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

If the home is classified as protected, check the box enabled for this purpose.

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