My wife – who is currently unemployed – and I have a joint mortgage for the main home which, however, is the exclusive property of my wife. Since I pay it in full, can I deduct the interest?
The answer is negative.
As we have noted on various occasions, art. 15, paragraph 1, letter b) of the TUIR recognizes an IRPEF deduction of 9%. “on interest payable and related additional charges paid in connection with mortgage loans contracted for the purchase of the real estate unit to be used as a main residence”.
L’access to the deductionhowever, it is subject to two subjective requirements which must exist simultaneously, namely:
- that the interested party [alla detrazione] is the holder or one of the joint holders of the mortgage contract;
- that he is also the owner [anche pro quota] of ownership rights over the property.
Therefore, you are not the owner [e neppure nudo proprietario] of the property, you will not be able to deduct the interest paid on the mortgageeven though you are one of the joint holders.
(Marco Righini)
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