9.1.1. Acquisition or refurbishment of the main residence

Only the following taxpayers will be entitled to apply the deduction for investment in habitual residence for the amounts paid in the period in question:

Taxpayers who had acquired their habitual residence or paid amounts for its construction prior to January 1, 2013.
Taxpayers who have paid amounts prior to January 1, 2013 for renovation or extension work on their habitual residence, provided that the aforementioned works are completed before January 1, 2017.
Taxpayers who have paid amounts for the execution of works and installations to adapt the habitual residence of people with disabilities prior to January 1, 2013, provided that the aforementioned works or installations are completed before January 1, 2017.

In addition, the taxpayer must have applied the deduction for said home in 2012 or in previous years, unless he or she has not been able to apply it yet because the amount invested in it has not exceeded the amounts invested in previous homes, to the extent that they have been subject to deduction and, where applicable, the amount of exempt capital gains through reinvestment.

As a general rule, taxpayers may apply the deduction for investment in housing (state portion and regional or complementary portion, respectively) for the amounts paid in the period in question for the acquisition or renovation of the home that constitutes or will constitute the taxpayer's habitual residence.

Deduction percentages

The deduction percentage applicable to the deduction base will in all cases be 7.50 per 100 in the state section, and the percentage established in the respective Autonomous Community and, failing that, 7.50 per 100 in the regional section.

These percentages apply both to the amounts paid in the financial year to repay the loan requested, and to the amount paid, where applicable, in cash by the buyer.

The Autonomous Community of Catalonia has established special percentages for the autonomous section of the deduction.

Maximum deduction base

The maximum base will be 9,040 euros per year.

The basis for this deduction will be the amounts paid for the acquisition or renovation of the home, including the expenses incurred by the purchaser and, in the case of external financing, the amortization, the interest, the cost of the instruments for hedging the variable interest rate risk of mortgage loans regulated in article nineteen of Law 36/2003, of November 11, on economic reform measures, and other expenses derived therefrom, such as, for example, the premiums for life and fire insurance contracts, provided that they are included in the conditions of the mortgage loans obtained for the acquisition or renovation of the habitual residence. 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 (art. 69.1.1 Law).

The maximum deduction base will be unique for all amounts invested in habitual housing, with the exception of those destined for works and installations to adapt habitual housing due to disability, for which there is an independent deduction base, both deductions being compatible with each other.

Cases of annulment of marriage, divorce or legal separation and termination of joint ownership

The taxpayer may continue to claim the deduction in the event of annulment of marriage, divorce or legal separation, for the amounts paid in the tax period for the acquisition of what was his or her habitual residence during the marriage, provided that this condition continues to apply to the common children and the parent in whose company they remain. The deduction may also be made for the amounts paid, where applicable, for the acquisition of the home that constitutes or will constitute your habitual residence, in this case the deduction base will be joint for the two homes (9,040 euros per year).

In the event of the termination of a joint ownership interest in a primary residence as of 1 January 2013, if one of the parties obtains 100% of the property, they will be entitled to apply 100% of the deduction for the acquisition of a primary residence, up to a total of 9,040 euros as a base, provided that said deduction had been applied in a financial year prior to 2013 in the percentage corresponding to their participation in the joint ownership interest, limited to the amount that the joint owner who ceases to be the owner of the property would have been entitled to deduct from the date of termination of the joint ownership interest if said termination had not taken place. The deduction will also be conditional on the fact that the co-owner who ceases to be the owner has not exhausted the possibility of continuing to practice the deduction by the date of termination of the condominium.

Amounts that will not be included in the base of the deduction for investment in habitual housing or of deductions established by the Autonomous Community

The amounts that, due to the application of floor clauses, have been paid by the taxpayer in the fiscal year, when before the end of the deadline for filing the self-assessment of IRPF for said fiscal year, an agreement is reached to return them with the financial institution, or such return proceeds as a consequence of the execution or compliance with court rulings or arbitration awards.
Those amounts paid in previous years by the taxpayer in application of the floor clauses subject to the refund that are directly allocated by the financial institution in the year, after the agreement with the affected taxpayer, sentence or arbitration award, to reduce the principal of the loan

Investments and expenses that do not generate the right to deduction

They do not form part of the basis of the deduction:

The costs of maintenance or repair. For these purposes, the following will be considered:
- Those carried out regularly for the purpose of maintaining the normal use of material assets, such as painting, plastering or repairing facilities.
- Those for replacing elements, such as heating systems, elevators, security doors or others.
The best.
The acquisition of parking spaces, gardens, parks, swimming pools and sports facilities and, in general, annexes or any other element that does not constitute the home itself, provided that they are acquired independently of it.

Parking spaces acquired with these are considered to be homes, with a maximum of two.

Other previous habitual residences

When a primary residence is acquired after having benefited from the deduction for the acquisition of other previous primary residences, no deduction may be made for the acquisition or rehabilitation of the new residence as long as the amounts invested in it do not exceed those invested in the previous residences, to the extent that they were subject to deduction.

Exempt capital gains from reinvestment

When the sale of a habitual residence has generated a capital gain exempt by reinvestment, the deduction base for the acquisition or rehabilitation of the new one will be reduced by the amount of the capital gain to which the exemption for reinvestment is applied.

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 exempt capital gain from reinvestment.

Checking the assets situation

The application of the deduction for investment in housing will require 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, without taking into account the interest and other financing costs.

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