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Tax implications for Clausula Suelo claims

Tax implications for Clausula Suelo claims

20 01 - 2017

The Minister of Finance, Cristóbal Montoro, made it clear, almost from the very moment when the judgment of the European court was known, that his Ministry would claim "his share" of the returns from the floor clauses .

Should they be paid a part of the tax return?

Yes. First, people will have to update the usual housing deductions. "In the event that such amounts were part of the basis of the deduction for normal residence, the right to practice this deduction will be forfeited and will force the regularize its tax situation," explained the General Tax Department.

In short: that the part of the refund received corresponding to the deduction must be reimbursed to the Treasury, and that the payment will be made in the same year in which it is received.

And for some other concept?

For the interest received. This amount will be considered as equity gain, explain tax sources, and will also be charged in the fiscal year in which it is received.

Beyond these two concepts, and according to the text approved by the Government and PSOE, those affected will not have to be taxed for anything else and, in no case, the refund will be integrated into the taxable base.

Will there be any kind of surcharge?

No. Although initially the possibility of the Treasury making some kind of surcharge for extemporaneous declaration, the document agreed by Government and PSOE makes it clear that this will not happen.

How much will regularization cost?

It depends a lot on each case, the amount of the mortgage and the deductions. But, for guidance, the Finance Technicians have performed an exercise for the following case. Loan: 110,000 euros. Term: 15 years. Variable interest: Euribor + 0.5%. Floor clause: 3%. In this case, the bank must repay 3,219 euros for the monthly variable interest difference and 331 euros for interest. Of this amount, "the loss for the lower right to deduction for housing will be 227 euros, and another 25.55 euros for default interest."

Is the age of declarations taken into account in this calculation?

Yes. In fact, the calculation only includes the regularization of the years 13, 14, 15 and 16. As year 12 prescribes next June, it is assumed that either returns will be made after that date, or those affected will wait until then to complain.

Is there any way to avoid regularization?

If you choose to receive the refund "in cash", no. The exception occurs if received in the form of a repayment to the mortgage loan. In that case, the Treasury indicate that, there will be no obligation of regularization since it will be considered that the return has been destined to acquire a house.

Translated from various news sources - El Mundo, ABC España and Diario de Avisos.

tax-implications-clausula-suelo-claim

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