9.1.1. Acquisition or refurbishment of the main residence

IMPORTANT: The deduction set out below is not applicable when the acquisition, construction or amounts paid for rehabilitation or extension works on the habitual residence, or for the execution of works and installations to adapt the habitual residence of persons with disabilities, have been started after 1 January 2013.

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 to cover 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. 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 (acquisition, rehabilitation, construction, extension or housing account), with the exception of those destined for works and installations for adaptation in habitual housing due to disability, for which there is an independent deduction base, both deductions being compatible with each other.

CASES OF MARITAL NULLITY, DIVORCE OR JUDICIAL SEPARATION

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).

INVESTMENTS AND EXPENSES THAT DO NOT GENERATE THE ERD 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 HOUSING

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.

VERIFICATION OF ASSETS

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.