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A query was raised regarding whether using funds from a protected asset to purchase a property and secure a mortgage necessitates the repayment of personal income tax (IRPF) benefits. The Directorate General of Taxes (DGT) ruled that the investment does not trigger regularisation provided the administration regime is followed and the new asset replaces the original one, and that taking out a mortgage does not constitute a disposal of the asset.
This ruling provides legal certainty for taxpayers using protected assets for housing, confirming that reinvestment and mortgage arrangements do not trigger tax penalties if specific conditions are met.
The tax team reviews your specific situation.
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