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V0277-24 29 February 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión en vivienda habitual

Right to tax deduction for main residence investment maintained when simultaneously replacing a mortgage loan

A taxpayer asks whether they can continue to claim a tax deduction for investment in their main residence after cancelling an old mortgage and taking out a new one with better terms. The Directorate General for Taxes (DGT) rules that replacing one loan with another does not exhaust the right to the deduction, provided the substitution is carried out simultaneously and the new loan is used to repay the previous one.

The question raised

Whether, after carrying out the restructuring operation through the cancellation and new contracting of a loan, the taxpayer will have the same right to deduction for the amounts that they amortize or satisfy. Whether it is necessary to notify the AEAT of said change and the manner in which to do so.

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