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V0383-25 20 March 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión en vivienda habitual

Right to deduction for home ownership investment maintained if mortgage is cancelled and renewed simultaneously

A taxpayer asks whether they can continue deducting mortgage payments if they switch banks by cancelling their current loan and taking out a new one. The DGT responds that the right to deduction is not lost if cancellation and renewal occur in the same transaction.

The question raised

Question posed: Whether, after carrying out the restructuring operation through the cancellation and new contracting of a loan, the taxpayer will have the same right to deduct the amounts that are amortized or satisfied by it.

The DGT's ruling

The novation, subrogation, or substitution of a loan does not exhaust the possibilities of applying the deduction, provided that the new loan is effectively dedicated to the amortization of the previous one. To maintain the right, the cancellation of the original loan and the signing of the new contract must occur simultaneously. The annuities and expenses of the new loan shall be deductible in the proportional part attributable to the amortization of the loan intended for the dwelling. The proportional part of the annuities corresponding to the increase in principal intended for other purposes shall not be deductible.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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