Maximum deductible investment bases

Regulations: Art. 68.1 1 and 4 d) Law Personal Income Tax , drafted as of 12-31-2012

• For investments in the acquisition, rehabilitation, construction or expansion of the habitual residence: 9,040 euros per year .

  This limit will be unique for all the investment items mentioned above and will be applied in the same amount for joint taxation.

  In the event of termination of a condominium over the habitual residence as of January 1, 2013, if one of the parties obtains 100 percent of the residence, they will have the right to apply 100 percent of the deduction for acquisition of habitual residence , up to a total of 9,040 euros of base, provided that said deduction had been applied in a year prior to 2013 in the percentage corresponding to their participation in the condominium.

  In this case, the application of the deduction by the acquired part until 100% of the full ownership of the property is completed will be limited to the amount that the community member who ceases to be the owner of the condominium would have had the right to deduct from the date of termination of the condominium. property if said extinction had not taken place. The deduction will also be conditional on the fact that the community member who ceases to be the owner has not exhausted the possibility of continuing to take the deduction for the acquisition of a habitual residence on the date of termination of the condominium. See in this regard the Resolution of TEAC of October 1, 2020 in an extraordinary appeal for unification of criteria.

• For amounts used to carry out works or installations to adapt the taxpayer's main residence due to disability: 12,080 euros annually.

  This limit is also applied with joint taxation.

  In both cases, any excess quantity invested above these amounts cannot be transferred to future fiscal years.

  Important : This last limit is independent of the limit of 9,040 euros established for the remaining deductible concepts for investment in habitual residence. Consequently, if the right to deduction for amounts destined to carry out works and installations to adapt the taxpayer's habitual residence for reasons of disability were present with the right to deduction for investment in habitual residence, the amounts invested in acquisition would give the right to deduction up to the maximum amount of 9,040 euros and those used in adaptation works and installations would give the right, in turn, to a deduction up to the maximum amount of 12,080 euros.