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Form 100. Personal Income Tax Return 2024

10.3.26. For investment in habitual residence that is considered protected

Amount

  1. Taxpayers who acquire or renovate a habitual residence that is considered protected, in accordance with state or regional regulations on the matter, will be entitled to apply a deduction of up to 5,000 euros per year for the amounts paid during the year for the acquisition or renovation of that residence.

  2. In the event that the expense giving rise to the right to the deduction does not exceed 5,000 euros, the maximum limit of the deduction will be set at the amount of the actual expense in question. The total amount of this deduction may not in any case exceed the maximum set in the previous section.

Requirements and conditions

  • The basis for the deduction is the amounts invested during the fiscal year in the acquisition or renovation of the home, including the amounts allocated to the repayment of mortgage loans (both the amounts allocated to the repayment of the principal and the payment of interest).

    The amounts paid for the construction of the home may be taken into account to determine the maximum amount of the deduction.

  • If the taxpayer does not have a sufficient regional tax rate to apply the total deduction in the tax period in which the expense is incurred, the amount not deducted may be applied in the following three tax periods until the total amount of the deduction is exhausted, if applicable, respecting the limit indicated above.

    The application of the amounts pending from previous years will be carried out after applying the deductions for the year to which the taxpayer is entitled. If there are outstanding amounts of deduction from previous years and a deduction amount for investment in a primary residence that is considered protected generated in the same year, the outstanding amounts from previous years will be applied first.

  • When two or more taxpayers are entitled to apply this deduction for the same assets for the same tax period, the maximum amount of the deduction will be prorated among them in equal parts, with the tax benefit being applied only to the declaration of those who meet the conditions established to be beneficiaries of the same.

  • Documentary evidence of expenses that generate the right to deduction must be provided by means of an invoice or any other means of legal or economic transactions permitted by law.

Completion

If you have outstanding amounts to apply from the 2021, 2022, and 2023 tax years, their amounts will be reflected (you can check them in boxes 0800, 1611, and 0809 of the 2023 personal income tax return).

It will record the amount paid in this fiscal year with the right to deduction and the number of people who have the right to apply it.