9.1.2. Basis of deduction and percentages

• The maximum base will be 9,040 euros per year.

  This base will be unique for all amounts invested in habitual residence with the exception of those destined for adaptation works and installations in habitual residence due to disability, for which there is an independent deduction base, both deductions being compatible with each other.

• The amounts paid for the acquisition or rehabilitation of the home are part of the base of the deduction, including the expenses incurred that have been borne by the purchaser.

  In the case of external financing, the amortization, the interest, the cost of the variable interest rate risk hedging instruments of the mortgage loans regulated in the nineteenth article of Law 36/2003, of November 11, on measures of economic reform, and other expenses derived from it, such as the premiums for life and fire insurance contracts, provided that they are included in the conditions of the mortgage loans obtained for the acquisition or rehabilitation of the habitual residence.

  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.

• They are not part of the basis of the deduction:

  • 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 for reinvestment, the deduction base for the acquisition or rehabilitation of the new one will be reduced by the amount of the capital gain to which the rollover exemption 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.

  • Conservation or repair costs. For these purposes they will have this consideration:

    • Those carried out regularly with the purpose of maintaining the normal use of material assets, such as painting, plastering or repairing facilities.

    • Those for replacing elements, such as heating installations, elevators, security doors or others.

    • The best.

    • The acquisition of parking spaces, gardens, parks, swimming pools and sports facilities and, in general, annexes or any other element that does not constitute the home itself, provided that they are acquired independently of it.

      The parking spaces acquired with these are assimilated to homes, with a maximum of two.

  • The amounts that, due to the application of floor clauses, would have been paid by the taxpayer in the year, when before the end of the self-assessment submission period for Personal Income Tax for said year, a refund agreement is reached. of the same with the financial entity, or such return proceeds as a consequence of the execution or compliance of judicial sentences or arbitration awards.

  • Those amounts paid in previous years by the taxpayer in application of the floor clauses subject to the refund that are allocated directly by the financial institution in the year, after the agreement with the affected taxpayer, judgment or arbitration award, to reduce the principal of the loan. .

• The deduction percentage applicable to the deduction base will in all cases be 7.50% in the state section, and the percentage established in the respective Autonomous Community and, failing that, 7.50% in the autonomous section.

  The Autonomous Community of Catalonia has established the following deduction percentages in the autonomous section:

  1. 7.5% in general

  2. 9% when the habitual residence had been acquired before 07-30-2011, or amounts had been paid for its construction before said date, provided that any of the following circumstances occur:

     1. Be 32 years old or younger on the date of tax accrual (normally December 31).

     2. Having been unemployed for 183 days or more during the year.

     3. Have a degree of disability equal to or greater than 65 percent.

     4. Be part of a family unit that includes at least one child on the tax accrual date.

     Furthermore, it is necessary that the total tax base, less the personal and family minimum, in the taxpayer's personal income tax return corresponding to the year in which the deduction is applied does not exceed 30,000 euros. In the case of joint taxation, this limit is computed individually for each of the taxpayers who are entitled to the deduction for having made investments in their habitual residence during the year.

     This percentage cannot be applied to cases of rehabilitation or expansion of the habitual residence, or contributions to housing accounts.

  Checking the financial situation

  The application of the deduction for investment in housing will require that the verified amount of the taxpayer's assets at the end of the tax period exceeds the value shown by its verification at the beginning of the period, at least by the amount of the investments made, without computing interest. and other financing expenses.

  For these purposes, the increases or decreases in value experienced during the tax period by the assets that at the end of the period continue to form part of the taxpayer's assets will not be computed.