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V1682-25 18 September 2025 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión en vivienda habitual

Right to deduct home ownership investment maintained upon replacing mortgage with interest-free family loan

The consultant asks whether they can continue claiming the deduction for home ownership after cancelling their mortgage and taking out an interest-free family loan. The DGT responds that replacing a loan with another does not extinguish the right to deduction, provided the new loan is used to repay the previous one.

The question raised

Whether, after carrying out the indicated restructuring operation, due to the resulting form of indebtedness, the taxpayer will have the same right to deduct the amounts that they amortize or pay.

The DGT's ruling

The novation or substitution of one loan for another does not conclude the financing process nor exhaust the possibility of applying the deduction. The amounts paid under the new loan shall entitle the taxpayer to a deduction in the proportional part attributable to the amortization of the original loan intended for the dwelling. It is irrelevant whether the financing is own or third-party, or whether it originates from a family member. However, the portion of the new principal intended for purposes other than the acquisition of the dwelling shall not be deductible.

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