For acquisition of habitual residence by people with disabilities

Regulations: Art. 4.One.l) and Sixteenth Additional Provision Law 13/1997, of December 23, which regulates the regional section of the Personal Income Tax and remaining taxes transferred, from the Valencian Community

Deduction amount

5 percent of the amounts paid during the tax period for the acquisition of the habitual residence, with the exception of the part of said amounts that correspond to interest, by taxpayers who have recognized the following degrees of disability:

• Degree of physical or sensory disability equal to or greater than 65 percent , or

• Degree of mental disability equal to or greater than 33 per 100 ,

The status of a person with a disability must be accredited by means of the corresponding certificate issued by the competent bodies in matters of social services of the Generalitat or by the corresponding bodies of the State or other Autonomous Communities.

The deduction will also be applicable when without reaching said degree of disability, the incapacity has been judicially declared incapacity or representative guardianship of people with disabilities. 

Please note that, with effect from January 1, 2023, the sixth Additional Provision of Law 13/1997 is modified, establishing that guardianship with full representation powers established by judicial resolution is assimilated to a degree of disability of 65 percent. .

Requirements and other conditions for the application of the deduction

• The concepts of habitual residence and its acquisition are those included in the state regulations regulating Personal Income Tax .

  For these purposes, it must be taken into account that, in accordance with the state regulations regulating the tax, the construction or extension of the same is assimilated to the acquisition of a habitual residence.

  In addition to the requirements generally established in the state regulations that regulated the deduction for investment in primary residence , for the application of this regional deduction the following must also be met:

• The application of the deduction is conditional on the delivery of the monetary amounts derived from the legal act or business that entitles its application to be made by credit or debit card, bank transfer, nominative check or deposit into accounts in credit institutions.

  The requirement for this requirement is established by Additional Provision sixteen of Law 13/1997, of December 23, which regulates the regional section of Personal Income Tax and other assigned taxes. 

• It is required that the verified amount of the taxpayer's assets at the end of the tax period exceed the value that its verification showed at the beginning of the same by at least the amount of the investments made.

  For these purposes, the increases or decreases in value experienced during the aforementioned tax period by the assets that at the end of the period continue to form part of the taxpayer's assets will not be computed.

  See chapter 16 for verification of the financial situation .

• The deduction can only be applied by taxpayers sum of the general taxable base and the savings taxable base (boxes [0500] and [0510] of the declaration) does not exceed the following amounts:

  • 30,000 euros in individual declaration.

  • 47,000 euros in joint declaration .

  Attention : For taxpayers who died before October 28, 2022 , the sum of the general tax base and the savings tax base may not exceed 16,212.56 euros, an amount equivalent to twice the public multiple effects income indicator (IPREM).

Note: For taxpayers who died before October 28, 2022 , the limits that, in relation to the taxable bases, have been indicated in this section, will not apply.

Compatibility

This deduction is compatible with the deduction "For the first acquisition of their habitual residence by taxpayers aged 35 or under" with the deduction "For obtaining income derived from housing rentals, whose income does not exceed the reference price of the “private rentals in the Valencian Community”.