For investment in habitual residence that is considered protected

Regulations: Art. 6 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

• 100% of the amount of actual expenditure paid during tax period for the acquisition or rehabilitation of a habitual residence that is considered protected in accordance with state or regional regulations on the matter.

• 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.

Deduction base

• The basis for the deduction is the amounts invested during the year in the acquisition or rehabilitation of the home.

• The deduction will be applicable to those years in which the taxpayer incurs the expense regardless of the date on which the legal acquisition of the home or the rehabilitation work is completed.

  Clarifications:

  Please note that the property is considered have been acquired both in the year in which deed is signed and when a private sales contract is signed.

  As regards rehabilitation , it is considered that it is carried out in the year in which the expenses are incurred. Thus, in the event that the rehabilitation is carried out during more than one tax period, the deduction will be applicable to each of the periods in which the expense is incurred, always with the limit of 5,000 euros or the expense incurred.

  Similarly, for construction it is considered that it is carried out in the year in which the expenses are incurred. 

  In the case of external financing , the deduction will be applied as the principal is repaid, provided that all the requirements for applying the deduction are met. For these purposes, expenses financed with a loan will not be counted as expenses. The amounts amortized from the loan will be computed.

Requirements and other conditions for the application of 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 among them in equal parts, applying the tax benefit only in the declaration of those who meet the conditions established to be beneficiaries of the same.

  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 .

• The documentary accreditation of the expenses that generate the right to deduction must be carried out by means of an invoice or any other means of legal or economic traffic admitted by law .

Temporal scope of application of the deduction

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 expenditure is made, the amount not deducted may be applied in the following three tax periods until the full amount of the deduction is exhausted, where applicable, respecting the maximum limit of 5,000 euros set for this deduction.

The application of the amounts pending from previous years will be carried out after applying the deductions for the year to which the taxpayer is entitled.

Note: The amount generated in 2022 must be entered in box [1610] of Annex B.2 of the declaration and the amount to be applied in box [ 0886 ] since, 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.