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Practical Income Manual 2022.

For investment in habitual residence that is considered protected

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

Amount and maximum limit of the deduction

  • 100 percent of the amount of the actual expense paid during the tax period for the acquisition or rehabilitation of a habitual residence that is considered protected according to to state or regional regulations on the matter.

  • Maximum limit: 5,000 euros

    Keep in mind that the amounts paid for the construction of the home can be taken into account to determine the maximum amount of the deduction.

Deduction base

  • The basis of the deduction is constituted by 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 occurs or the work is completed rehabilitation .

    Precisions:

    Please note that the home is considered acquired both in the year in which the deed is signed and when a private purchase and sale contract is signed.

    Regarding 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 apply 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 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 made as the principal is repaid as long as all the requirements for the application of the deduction are met. For these purposes, those financed with a loan will not be counted as expenses. Yes, the amortized amounts of 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 state or regional regulations on the matter.

  • When two or more taxpayers are entitled to apply this deduction with respect to 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, applying the tax benefit only in the declaration of those who meet the conditions established to be beneficiaries of the same.

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

    Attention: the proration will be carried out based on the number of taxpayers entitled to apply the deduction, regardless of the taxation option chosen. However, in the event that the matrimonial property regime is the community property, taxpayers may decide whether only one of them applies the deduction or it is prorated. 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 made by 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 full autonomous tax to apply the total deduction in the tax period in which the expense in the acquisition or rehabilitation is carried out, the amount not deducted may be applied in the following three tax periods until the total amount of the deduction has been exhausted, if applicable, respecting the maximum limit of 5,000 euros set for this deduction.

The application of the outstanding amounts 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 recorded in box [1610] of Annex B.2 of the declaration and in box [ 0886 ] the amount that is applied, since, as has been indicated, if the full regional quota is not enough to apply the total deduction, it may be applied in the following three tax periods.

Incompatibility

This deduction is incompatible with the deduction “For acquisition or rehabilitation of habitual residence in councils at risk of depopulation” provided for in article 14 decies of the consolidated text.

Therefore, the same taxpayer will not be able to apply both deductions (this deduction "For investment in habitual residence that is considered protected" and the deduction "For acquisition or rehabilitation of habitual residence in councils at risk of depopulation") in their declaration or for the same or different housing.