In general: circumstances that determine the loss of the right to deductions made
In accordance with the regulations in force in the years in which deductions for this concept were applied, the right to them will be lost when, after said years, the following circumstances occur:
a) Failure to comply with the continuous period of three years of occupation of the home, unless there are exceptional circumstances that necessarily require a change of address.
See within Chapter 16, the concept of habitual residence .
b) Failure to comply with the four-year period for completion of the works, counted from the start of the investment, extended to another four years due to the occurrence of any of the exceptional circumstances provided for in sections 3 and 4 of the aforementioned article 55 of the Regulation, as amended on December 31, 2012 (to which are added an additional 78 days, corresponding to the period between March 14 and May 30, 2020, during which the calculation of deadlines was suspended, in accordance with the provisions of Additional Provision Nine of Royal Decree-Law 11/2020).
In the tax period in which the aforementioned deadline is not met, the taxpayer must return the amounts deducted in previous years, together with the corresponding late payment interest.
c) Failure to comply with the twelve-month period, counted from the date of acquisition or completion of the works, for the taxpayer to effectively and permanently inhabit the home, unless there are exceptional circumstances that prevent occupation of the home.
See within Chapter 16, the concept of habitual residence .
Note: The transitional regime for the deduction for investment in housing allows taxpayers who are entitled to it to continue applying this deduction from 2013 onwards, in accordance with the regulations contained in the Law and the Personal Income Tax Regulations in their version in force on 31 December 2012.