10.13.17. For the acquisition of a new habitual residence or expansion of the current habitual residence by large families
Amount
Taxpayers who are members of a large family may apply a deduction of 10 % of the amount allocated to the acquisition of a new primary residence.
In the case of large families in a special category, the deduction percentage will be 15 % .
Requirements and conditions
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That the acquisition of the new habitual residence takes place within 5 years following the date on which the family of the taxpayer has reached legal consideration of being large or, if it was previously large, within the period of 5 years following the birth or adoption of each child.
The above assumption will be understood to include the extension of the home by acquiring an adjacent property, which within the period indicated above is physically joined to the home to form a single property of greater surface area, even if they are registered as separate properties, or by any other case of extension, such as those contemplated in the state regulations on the deduction of habitual residence.
The concept of habitual residence will be that established by state regulations on personal income tax.
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The deduction is only applicable to home purchases or extensions made after January 1, 2023.
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That the usable area of the acquired home is more than 10% larger than the usable area of the previous primary residence.
In the event that the property acquired is adjacent to the habitual residence and is physically connected to it, the total surface area resulting from said connection will be considered to calculate the increase in surface area. For these purposes, the information contained in the Cadastre will be taken into account.
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That the old residence be sold within 5 years of the acquisition of the new primary residence, unless the property is being acquired to expand the current residence.
In this last case, two assumptions must be distinguished:
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That another property be acquired to be joined to the current one. The acquisition must be made within 5 years from reaching large family status or from the birth of the new child.
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That the surface area be expanded without acquiring another property. The extension works must be carried out within 5 years from the moment in which the family becomes a large family or from the birth of the new child.
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The legal status of a large family is acquired from the moment in which the requirements and conditions established in articles 2 and 3 of Law 40/2003, of November 18, on the Protection of Large Families, are met. Accreditation may be made through the official title of large family, or by any means of proof admissible under law.
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The large family status must be met on the accrual date of each of the years in which the deduction is applied.
Deduction base
The basis for the deduction is the amounts paid for the acquisition 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 to cover the variable interest rate risk of mortgage loans, and other expenses derived from it. If these hedging instruments are applied, the interest paid by the taxpayer is reduced by the amounts obtained from their application.
The maximum deduction base is 5,000 euros per year both in individual and joint taxation, regardless of the number of members of the family unit who pay amounts with the right to apply the deduction.
Period to apply the deduction
The deduction may be applied for a maximum period of fifteen years from the year in which the acquisition of the new home or the property intended for the extension of the current home is carried out.
Incompatibility
This deduction is incompatible with the deduction "For investment in primary residence by young people aged 40 or under" for the same dwelling, unless transitional regimes apply.
Loss of the right to deductions made
When the right to deductions is lost due to failure to comply with the requirement of selling the previous home or extending the habitual home within the established period, the taxpayer will be obliged to add to the regional net tax accrued in the year in which said requirement was not met, the amounts unduly deducted, plus the corresponding late payment interest.
Completion
In the data capture window, you will select the type of large family you belong to and enter the amount paid that is eligible for deduction.