For the purchase of new construction property for primary residence
Regulations: Fifth transitional provision Text consolidated of the legal provisions of the Community of Castilla y León regarding own and assigned taxes, approved by Legislative Decree 1/2008, of 25 September
Amount and requirements for applying the deduction
7.5 percent of the amounts paid during fiscal year 2022 for the acquisition of the home that will constitute your habitual residence provided that the following are met simultaneously requirements ##2##:
That the taxpayer has his habitual residence in the Community of Castilla y León .
Let it be your first home .
The taxpayer is considered to acquire his or her first home when he or she does not have, nor would he have had, any full ownership right equal to or greater than 50 percent over another home.
That the home is located in Castilla y León .
That it is newly built housing .
Newly built homes will be considered those located in buildings for which the visa of the new construction execution project referred to in article 2.a) of Royal Decree 1000/2010, of August 5, on mandatory school visa , or standard that replaces it, was obtained between September 1, 2011 and December 31, 2012.
Basis of deduction
The basis of this deduction will consist of:
The amounts paid for the acquisition, including the expenses incurred that have been borne by the acquirer.
In the case of external financing, the amortization, the interest, the cost of the variable interest rate risk hedging instruments of the mortgage loans regulated in the nineteenth article of Law 36/2003, of November 11, on measures of economic reform, or regulation that replaces it, and other expenses derived from it.
In the event of application of the aforementioned hedging instruments, the interest paid by the taxpayer will be reduced by the amounts obtained by the application of the aforementioned instrument.
The maximum base of the deduction will be 9,040 euros annually.
Note: The deduction is applicable for the amounts paid both for the acquisition of the home itself and for those paid while the home is under construction, and is not applicable to expansion or rehabilitation cases. Taxpayers entitled to the deduction must record the date of approval of the project in Annex B.4 of the declaration.
Other conditions for the application of the deduction
When a habitual residence is acquired having enjoyed this deduction for the acquisition of other previous habitual residences, no deduction may be made for the acquisition of the new one as long as the amounts invested in it do not exceed those invested in the previous ones, to the extent in which they would have been subject to deduction.
When the disposal of a habitual residence would have generated a capital gain exempt from reinvestment, the deduction base for the acquisition of the new home will be reduced by the amount of the capital gain to which the exemption from reinvestment applies. In this case, no deduction may be made for the acquisition of the new one as long as the amounts invested in it do not exceed both the price of the previous one, to the extent that it has been subject to deduction, and the capital gain exempt from reinvestment.
Temporal scope of application of the deduction
The deduction may be applied in the tax year in which the first amount is paid for the purchase of the home and in the following four tax years .
Loss of the right to the deduction made
When in tax periods subsequent to their application the right is lost, in whole or in part, to the deductions made, the taxpayer will be obliged to add to the autonomous liquid quota accrued in the year in which the deduction requirements were not met. the amounts improperly deducted, plus the late payment interest referred to in article 26.6 of the LGT , or rule that replaces it.
In relation to LGT see Law 58/2003, of December 17, General Tax.