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Practical manual for Income Tax 2023.

For acquisition of habitual residence by people with disabilities

Regulations: Art. 4.One.l) and Sixteenth Additional Provision Law 13/1997, of December 23, regulating the autonomous section of the Personal Income Tax and other transferred taxes, of the Valencian Community

Amount of deduction

5% 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 been recognized as having the following degrees of disability:

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

  • Degree of mental disability equal to or greater than 33 percent.

The degree of disability must be accredited by 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 persons with physical or sensory disabilities, with a degree of disability equal to or greater than 65 percent, or persons with mental disabilities, with a degree of disability equal to or greater than 33 percent, shall apply to persons with disabilities whose incapacity is declared judicially, even if it does not reach that degree.

Guardianship with full powers of representation established by court order will be considered equivalent to a disability level of 65 percent.

The specific provisions provided for persons 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 been granted a pension for total, absolute or severe permanent disability, and in the case of pensioners of passive classes who have been granted a retirement pension or withdrawal pension for permanent incapacity for service or disability.

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 governing IRPF .

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

    In addition to the requirements established in general terms in the state regulations governing the deduction for investment in habitual housing , in order to apply 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 act or legal transaction that entitles the applicant to its application being made by credit or debit card, bank transfer, personal check or deposit into accounts in credit institutions.

    The requirement for this is established by Additional Provision sixteen of Law 13/1997, of December 23, which regulates the autonomous section of the IRPF and other transferred taxes. 

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

    For these purposes, increases or decreases in value experienced during the aforementioned tax period by 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 assets situation .

  • The deduction may 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 based on 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 than 27,000 euros, in individual taxation, or 44,000 euros, in joint taxation.

  • When the sum of the general taxable base and the savings taxable base of the taxpayer is between 27,000 and 30,000 euros , in individual taxation, or between 44,000 and 47,000 euros, in joint taxation, the deduction amounts 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 family unit savings 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 family unit savings 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, the rent of which does not exceed the reference price for private rentals in the Valencian Community."