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V2232-22 ·25 October 2022 ·consulta-vinculante Medium impact
Tax

Right to tax deduction for main residence investment maintained after loan subrogation or substitution

A taxpayer inquired whether they could continue to deduct mortgage payments after subrogating their loan to another entity to obtain better terms. The Directorate General for Taxes (DGT) ruled that subrogation or novation does not extinguish the right to the deduction, provided the new loan is used to repay the previous one.

In 6 key points

How it affects those involved

Taxpayers who refinance or transfer their mortgage to a different lender to improve conditions can maintain their tax relief for main residence investment, as long as the new loan is used to settle the existing debt.

Lifecycle

2022-10-25PublishedPublished 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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