Special case: amounts received for the return of loan interest rate limitation clauses (floor clauses) that had formed part in previous years of the base of the deduction for investment in habitual residence or deductions established by the Autonomous Community
Regulations: Additional Provision forty-fifth Law Personal Income Tax
The refund, in cash or through other compensation measures, of the amounts previously paid to the entities will not be included in the tax base of Personal Income Tax in the form of interest for the application of loan interest rate limitation clauses (the so-called floor clauses), together with their corresponding compensatory interest, derived both from agreements entered into with financial entities and from compliance with judgments or arbitration awards.
Please note that Chapter 2 includes a general and detailed study of the tax treatment of the amounts received for the repayment of the interest rate limitation clauses of loans derived from agreements entered into. with financial entities or compliance with judgments or arbitration awards.
However, when such amounts previously paid by the taxpayer object of the refund, had formed part, in previous years, of the base of the deduction for investment in habitual residence or of deductions established by the Autonomous Community , the following assumptions must be differentiated for the purposes of their tax treatment:
a. If the return of these amounts is made in cash:
The taxpayer will lose the right to the deductions made in relation to them, and must be added to the state and regional net tax , accrued in the year in which the agreement was entered into with the financial institution or in which a judicial ruling or an arbitration award was issued (finality of the ruling, if applicable), exclusively the amounts improperly deducted in previous years in the terms provided for in article 59 of the Personal Income Tax Regulations , without including late payment interest.
Said regularization will only be carried out with respect to the years in which the right of the Administration to determine the tax debt through the appropriate liquidation has not expired.
Remember: The regularization increases the state and regional liquid quota by the amounts unduly deducted in previous years without including late payment interest, that is, boxes  , must not be completed.  ##2##,  and  of the declaration, intended for late payment interest.
However, the amounts that would have been paid by the taxpayer in 2021 and in relation to which, before the end of the self-assessment submission period for Personal Income Tax for said year (June 30, 2022), the repayment agreement is reached of the same with the financial institution or as a consequence of a court ruling or an arbitration award, they will not form part of the deduction base for investment in habitual residence or any regional deduction for the aforementioned 2021 financial year.
b. If the return of these amounts occurs through their compensation with a part of the capital pending amortization the addition to the state and regional liquid quota mentioned above with respect to the part of the amounts will not be applicable. that is allocated directly by the financial institution, after agreement with the affected taxpayer, to reduce the principal of the loan.
However, the amounts to be refunded that are intended to reduce the principal of the loan in 2021 will also not be part of the deduction base for investment in habitual residence or any regional deduction from the Personal Income Tax of the aforementioned exercise.