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 percent.

The degree of disability must be accredited by means of the corresponding certificate issued by the competent bodies of the Generalitat or by the corresponding bodies of the State or other autonomous communities.

The specific provisions provided for in favor of people with physical or sensory disabilities, with a degree of disability equal to or greater than 65 percent, or people with mental disabilities, with a degree of disability equal to or greater than 33 percent, will apply to people with disabilities whose disability is declared judicially, even if it does not reach that degree.

The conservatorship with full powers of representation established by judicial resolution will be assimilated to a degree of disability of 65 percent.

The specific provisions provided for in favor of people with physical or sensory disabilities, with a degree of disability equal to or greater than 33 percent, will apply to Social Security pensioners who have a recognized total, absolute or major permanent disability pension. disability, and in the case of pensioners from passive classes who have a recognized retirement or retirement pension due to permanent incapacity for service or uselessness.

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 whose 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 .

Deduction limits according to taxable base

The full amount of the deduction will only be applicable to taxpayers whose sum of the general taxable base and the savings taxable base is less to 27,000 euros, in individual taxation, or 44,000 euros, in joint taxation.
When the sum of the general taxable base and the taxpayer's savings taxable base is between 27,000 and 30,000 euros , in individual taxation, or between 44,000 and 47,000 euros, in joint taxation, the amounts of the deduction will be the following :
1. In individual taxation, the result of multiplying the amount of the deduction by a percentage obtained by applying the following formula:
  
  100 × (1 – the coefficient resulting from dividing by 3,000 the difference between the sum of the general taxable base and the savings of the family unit and 27,000)
2. In joint taxation , the result of multiplying the amount of the deduction by a percentage obtained by applying the following formula:
  
  100 × (1 – the coefficient resulting from dividing by 3,000 the difference between the sum of the general taxable base and the savings of the family unit and 44,000)

Compatibility

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