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A taxpayer intends to take out a new loan to repay a portion of a previous loan used to fund an extension of their main residence. The aim is to clearly separate the debt related to the main residence from that of a rented apartment. The Directorate General for Taxes (DGT) ruled that this constitutes a substitution of debt rather than a reduction of the debt itself.
Cuestión planteada Si es factible solicitar un nuevo préstamo por el importe equivalente al que del actual, y pendiente de amortizar, se corresponde con la financiación de la superficie incorporada a su vivienda habitual, destinando dicho importe a amortizarlo parcialmente. Así, el nuevo préstamo solo financiaría la vivienda habitual y el primitivo, una vez realizada la amortización parcial, financiaría solo el apartamento.
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