General and regional deductions applicable in 2021

Regulations: Articles 67 and 77 Law of Personal Income Tax . 

Once the full state and regional contributions have been determined, the following liquidation phase of Personal Income Tax aims to determine the respective liquid state and regional contributions. To do this, the following groups of deductions must be applied to the amount of the full installments:

1. Deduction for investment in main home: Transitional scheme

As of January 1, 2013, the deduction for investment in primary residence was eliminated. However, for those taxpayers who, before that date, had acquired their habitual residence or paid amounts for its construction, extension, rehabilitation or carried out works for reasons of disability in it (with the exception of contributions to housing accounts) and had enjoyed of this tax benefit, a transitional regime is established that allows them to continue practicing the deduction under the same conditions in which they were doing so.

For such taxpayers, the amount of the deduction for investment in habitual residence will be broken down into two sections: one, state and the other, autonomous.

• The state tranche , the amount of which is calculated in accordance with the provisions of article 68.1 of the Personal Income Tax Law in the wording in force until December 31 December 2012, will be applied in its entirety to reduce the full state quota .

• The regional tranche whose amount is determined by the provisions of article 78 of the Personal Income Tax Law in the wording in force until December 31, 2012 , will be applied in its entirety to reduce the full regional quota.

The percentage to be applied will be either the one approved by each of the Autonomous Communities in accordance with article 46 of Law 22/2009, of December 18 or, failing that, the percentages established in article 78.2 of the Law of IRPF in the wording in force as of December 31, 2012.

2. Deduction for investment in companies of new or recent creation

Taxpayers can fully deduct from the full state quota the amount corresponding to the deduction for investment in new or recently created companies regulated by article 68.1 of the Personal Income Tax Law , when they meet the requirements and conditions required to enjoy this new incentive.

3. General deductions from state regulations

The deductions listed below, whose regulation is contained in the Personal Income Tax Law (article 68. 2, 3, 4 and 5) and, in relation to the transitional regime of the deduction for renting a habitual residence, in the fifteenth transitional provision that refers, in turn, regarding its regulation for taxpayers who are entitled to this transitional regime to the regulations of the Personal Income Tax Law in force on December 31, 2014, can be applied, in general, by all taxpayers who meet the legally required requirements to be entitled to the same, regardless of the Autonomous Community of common regime in which they have resided during 2021, with the exception of the specialties that derive from the deduction for income obtained in Ceuta or Melilla.

• Deductions for incentives and stimuli for business investment

• Deductions for donations and other contributions

• Deduction for income obtained in Ceuta or Melilla

• Deduction for actions for the protection and dissemination of Spanish Historical Heritage and World Heritage

• Deduction for rental of the residence. Transitional scheme

The amount of these deductions is distributed as follows:

• 50 percent of the total amount is applied to reduce the full state fee.

• 50% of the total amount is applied to reduce the full regional quota.

4. Deductions for works to improve the energy efficiency of homes

As a novelty for 2021 and with effect from October 6 , article 1 of Royal Decree-Law 19/2021, of October 5, on urgent measures to promote building rehabilitation activity in the context of the Recovery, Transformation and Resilience Plan ( BOE of 6), introduces a new fiftieth Additional Provision in the Personal Income Tax Law , for which creates the following temporary deductions for works to improve the energy efficiency of homes:

a. Deduction for improvement works that reduce the demand for heating and cooling.

b. Deduction for improvement works that reduce the consumption of non-renewable primary energy.

c. Deduction for energy rehabilitation works of buildings with predominantly residential use.

The amount of these deductions falls on the full state quota l after subtracting the amount of the deduction for investment in new or recently created companies provided for in article 68.1 Personal Income Tax Law and 50 per 100 of the total amount of deductions for incentives and incentives for business investment, for donations and other contributions, for income obtained in Ceuta or Melilla and for actions for the protection and dissemination of Spanish Historical Heritage and cities, complexes and assets declared World Heritage provided for in sections 2, 3, 4, and 5 of article 68 of the Personal Income Tax Law.

5. Autonomous community deductions

The Autonomous Communities of the common regime, making use of the regulatory powers assumed in relation to the transferred part of the Personal Income Tax , have approved regional deductions that can only be applied by taxpayers who, meeting the requirements established for have the right to them, have resided during the 2021 financial year in their respective territories.

The amount of these deductions is fully applied to reduce the full regional quota.

6. Deduction applicable to family units formed by tax residents in Member States of the European Union or the European Economic Area

This deduction is introduced, from January 1, 2018, in favor of those taxpayers of Personal Income Tax , members of a family unit in which one of its members resides in another Member State of the European Union or the European Economic Area, which prevents them from submitting a joint declaration. Through this deduction, when it is most favorable, the fee to be paid by these taxpayers residing in Spain is equated to that which would correspond to them in the event that all members of the family unit had been tax residents in Spain and had chosen to pay taxes jointly. .

The amount of this deduction is not distributed 50% between the full state and regional quota, but rather reduces each of them in the manner established by the forty-eighth Additional Provision of the Personal Income Tax Law and which is discussed in the section referring to said deduction.