2. Refund of amounts derived from loan interest rate limitation clauses (floor clauses) that would have been considered a deductible expense in previous years

Regulations: Additional Provision forty-fifth Law PIT

Remember: In those cases where the situation that motivates the regularization affects tax periods prior to 2024, consult the practical manual corresponding to the aforementioned tax period.

It will not be included in the tax base of the PIT the return, in cash or through other compensation measures, of the amounts previously paid to financial institutions as interest for the application of clauses limiting loan interest rates (the so-called floor clause), together with the corresponding compensatory interest, arising from both agreements entered into with financial institutions and compliance with judgments or arbitration awards.

For a detailed commentary on the " floor clauses " see Chapter 2.

When such amounts subject to refund have been included in the declaration corresponding to the 2024 financial year as a deductible expense, they will lose such consideration and a corrective self-assessment corresponding to this financial year must be carried out, without penalty, late payment interest, or any surcharge within the period between the date of the agreement and the end of the next deadline for filing the self-assessment by the PIT.

Please note that amendments to tax returns for tax periods prior to 2024 will be made in accordance with the previous system, that is, by submitting the supplementary self-assessment for the fiscal year in which they were included as a deductible expense.

This adjustment will only affect the years for which the Administration's right to determine the tax debt through the appropriate liquidation has not expired.

However, if these are amounts derived from the application of floor clauses that would have been paid by the taxpayer in 2024 and the agreement to return them with the financial institution or as a result of a court ruling or arbitration award occurs before the deadline for filing the self-assessment of the PIT of 2024 (June 30, 2025), will not be taken into account as a deductible expense in that fiscal year.

Note: If the corrective declaration corresponding to the 2024 financial year corresponds to this circumstance, the taxpayer must mark with an "X" box [109] in the "Corrective self-assessment" section of the declaration.