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Practical manual for Income Tax 2021.

For investment in habitual residence that is considered protected

Regulations: Art. 6 of the Revised Text of the legal provisions of the Principality of Asturias on taxes transferred by the State, approved by Legislative Decree 2/2014, of October 22.

Amount and maximum limit of the deduction

  • Amount of actual expenditure incurred during tax period in which a habitual residence that is considered protected in accordance with state or regional regulations on the matter is acquired or rehabilitated.

  • Maximum limit: 5,000 euros

    Please note that the amounts paid for the construction of the home may be taken into account to determine the maximum amount of the deduction provided that they are paid in the same year in which the acquisition takes place.

  • In the event that the expense giving rise to the right to the deduction does not exceed 5,000 euros, the maximum limit of the deduction will be set at the amount of the actual expense in question.

Requirements for applying the deduction

  • That the home has the protected rating in accordance with the state or regional regulations on the matter.

  • When two or more taxpayers are entitled to apply this deduction in respect of the same assets for the same tax period, the maximum amount of the deduction (5,000 euros) will be prorated between them in equal parts .

    To apply the apportionment, the number of taxpayers entitled to the deduction who choose to apply it must be taken into account, and the expense actually paid by each of them must be greater than the maximum amount (5,000 euros). Otherwise, the maximum limit of the deduction for the taxpayer whose expenditure is less than will be set at the amount of the actual expenditure in question.

    Attention: the apportionment will be made based on the number of taxpayers entitled to apply the deduction, regardless of the taxation option chosen. However, in the event that the matrimonial economic regime is the community property regime, the taxpayers may decide whether only one of them applies the deduction or it is apportioned. In a joint declaration the limit will be 5,000 euros .

Temporal scope of application of the deduction

  • Deduction is only applicable in tax period in which the acquisition or rehabilitation of the habitual residence takes place.

    Clarifications

    1. In the case of acquisition , for the purposes of applying the deduction, it is understood to have occurred on the date on which, in accordance with the provisions of the Civil Code, the right to ownership is acquired in a legal sense, that is, when the contract (title) and the tradition or delivery of the home (mode) concur.

      Consequently, the property is considered to be acquired both in the year in which the deed is signed and when a private contract of sale is signed after being made public.

    2. In the case of rehabilitation, the rehabilitation is considered to be carried out in the year in which the expenses are incurred.

      In the event that the rehabilitation is carried out during more than one tax period, the deduction will be applicable in each of the periods in which the expense is incurred, always with a limit of 5,000 euros or the expense incurred.

  • In the event that the taxpayer does not have sufficient regional tax to apply the full deduction in the tax period in which the acquisition or rehabilitation is carried out, the amount not deducted may be applied in the three following tax periods until exhausting, where applicable, the total amount of the deduction, respecting the maximum limit of 5,000 euros set for this deduction.

Note: The amount generated in 2021 must be entered in box [1610] of Annex B.2 of the declaration and the amount to be applied in box [ 0886 ] because, as indicated, if the autonomous full quota is not sufficient to apply the total deduction, it may be applied in the following three tax periods.