9.1.2. Deduction basis and percentages

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

  This base will be the same 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.

• The deduction base includes amounts paid for the acquisition or renovation of the home, including any expenses incurred by the purchaser.

  In the case of external financing, the amortization, the interest, the cost of the instruments for hedging the variable interest rate risk of the mortgage loans regulated in article nineteen of Law 36/2003, of November 11, on economic reform measures, and other expenses derived therefrom, such as 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 rehabilitation 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 from the application of the aforementioned instrument.

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

  • 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.

  • 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.

  • 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.

  • 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 refund that are directly allocated by the financial institution in the year, following an agreement with the affected taxpayer, judgment or arbitration award, to reduce the principal of the loan.

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

  The Autonomous Community of Catalonia has established the following deduction percentages in the autonomous section:

  1. 7.5% in general

  2. 9% when the habitual residence was acquired before 30-07-2011, or amounts were paid for its construction before said date, provided that any of the following circumstances occur:

     1. Be 32 years of age or younger on the tax accrual date (normally, December 31).

     2. Having been unemployed for 183 days or more during the year.

     3. Have a disability level equal to or greater than 65%.

     4. Be part of a family unit that includes at least one child on the tax accrual date.

     In addition, the total taxable base, less the personal and family minimum, in the taxpayer's personal income tax return for the year in which the deduction is applied must not exceed 30,000 euros. In the case of joint taxation, this limit is calculated individually for each of the taxpayers who are entitled to the deduction for having made investments in their habitual residence during the year.

     This percentage cannot be applied to cases of renovation or extension of the habitual residence, or contributions to housing accounts.

  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.