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V1002-21 ·20 April 2021 ·consulta-vinculante Medium impact
Tax

Right to main residence tax deduction preserved if new financing is used to repay original loan

The taxpayer asks whether replacing an existing mortgage (for which they already claim the deduction) with a new one for a higher amount preserves their right to the deduction. The DGT rules that the right is maintained for the portion of the new loan used to repay the previous debt, but not for any excess funds used for other purposes.

In 6 key points

How it affects those involved

This ruling clarifies that refinancing or restructuring a mortgage does not automatically forfeit the tax deduction, provided the new funds are specifically applied to the outstanding balance of the original loan.

Lifecycle

2021-04-20PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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