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Practical Income Manual 2022.

For investment in habitual residence

Regulations: Fourth Additional Provision. Nine Consolidated Text of the current legal provisions issued by the Autonomous Community of the Canary Islands regarding transferred taxes, approved by Legislative Decree 1/2009, of April 21

Note: The conditions and amounts indicated below for this deduction will apply exclusively in the 2022 and 2023 tax periods , replacing with those provided for in article 14 of the Consolidated Text.

See also the first Additional Provision of Decree Law 12/2021, of September 30, which adopts tax, organizational and management measures as a consequence of the volcanic eruption on the island of La Palma ( BOC 01-10-2021 - BOE 25-11-2021)

La Palma volcanic eruption: of in accordance with the first Additional Provision of Decree Law 12/2021, the right to deductions made in the full autonomous quota of Personal Income Tax will NOT be lost for the amounts paid by This concept, despite the fact that the habitual homes have been destroyed by the volcanic eruption of La Palma, being able to continue applying this deduction for the amounts that could continue to be paid .

Deduction amount

Taxpayers may deduct the percentage that corresponds in each case , according to the following table, of the amounts paid in the tax period for the acquisition of the home that constitutes or will constitute your habitual residence, under the same terms and provided that the same requirements demanded in article 68.1 of the Law of are met IRPF ##5##, according to the wording in force as of January 1, 2012.

The acquisition extends to the construction of the habitual residence, its rehabilitation and expansion in accordance with the provisions of its eighteenth transitional provision of the Personal Income Tax Law .

Remember that, in accordance with article 55 of the Personal Income Tax Regulations, in the wording in force as of December 31, 2012, the construction of a habitual residence is considered to be the case in which the taxpayer directly pays the expenses derived from the execution of the works. or deliver amounts on account to the promoter thereof, provided that the works are completed within a period of no more than four years from the beginning of the investment, except in the exceptional cases provided for in the sections 3 and 4 of the aforementioned article 55, in which an extension of said period may be granted, which, in no case, may exceed another four years.

Amount of the general tax base and savingsPercentage of deduction
Less than 16,500 euros 5 per 100
Equal to or greater than 16,500 euros and less than 33,000 euros 3.5 per 100

The sum of the amount of the general tax base and the savings tax base is that reflected in boxes [0435] and [0460] of the statement.

Requirements and other conditions of application

  • The concept of habitual residence, as well as the maximum deduction base and the remaining requirements required for the practice of the deduction are those contained in the state regulations of the deduction for investment in habitual residence in the wording in force as of December 31, 2012.

  • This deduction will not apply to amounts destined for the rehabilitation, renovation or adaptation due to disability, of the habitual residence.

Joint deduction limit

The sum of the amount of this deduction together with that of the regional deductions "For amounts allocated by their owners to the restoration, rehabilitation or repair of real estate declared of Cultural Interest", "For energy rehabilitation works of the habitual residence" and " For works to adapt the habitual residence for people with disabilities" may not exceed 15 per 100 of the full regional quota, box [ 0546 ] of the statement.