Entering the 2017 income campaign, it is convenient to resolve the doubts that may arise for taxpayers about how to reflect in their income tax return the amounts received from their financial institution for the floor clause of their mortgage, either through negotiated or by court ruling.
As a general rule, the amounts that the bank has returned to the taxpayer for what was collected in application of the floor clause, as well as compensatory interest, do not have to be included in the taxable base of income tax.
However, there are exceptions in relation to legal costs and the deduction for habitual residence and for rental or economic activity.
Thus, if the financial institution is condemned by sentence to pay the court costs to the client, he must include said amount in the income tax return as capital gain in the general tax base.
The taxpayer will have to regularize his tax situation if the excessive amounts of the floor clause are returned to him in cash, and he used the deduction for investment in habitual residence or regional deductions. In this case, you will have to adjust the deduction you previously enjoyed by the amount returned in cash. You must include the amounts deducted for more than the last four years in the personal income tax return for the year in which the ruling, arbitration award or agreement with the entity occurs, but without requiring late payment interest, penalties or surcharges.
It is important to take into account which exercises these adjustments affect. If the agreement, sentence or award was issued after July 2017, the regularization of the deducted amounts will be carried out in the 2017 declaration (which is presented in 2018) and will affect the deductions of 2013, 2014, 2015 and 2016. .
It will not be necessary to regularize the deductions previously made if the financial institution, instead of returning the amounts paid to the taxpayer, reduces the amount of the loan. Correspondingly, the reduction of the loan will not generate the right to apply the deduction for habitual residence.
The same occurs if the taxpayer deducted the expenses because the property was rented or assigned to an economic activity. The amounts now received will lose the consideration of deductible expenses, so complementary statements for the corresponding years must be submitted, without penalty or interest for late payment or any surcharge. The deadline for submitting complementary declarations will be between the date of the judgment, award or agreement, and the end of the next deadline for submitting self-assessment for this tax, provided that the right of the Administration to determine the debt has not expired. tax.
